Court Appointed Atty.

Don D · February 2005

Does a person who sues an employer have a right to a court appointed attorney? Or does that right only belong to one who is being charged by the state as a defendant? Thanks.

Peyton Irby MS · February 2005

in employment discrimination cases, an individual can apply to the court for appointment of an attorney but those requests are rarely granted.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Parabeaglex2 · February 2005

[font size="1" color="#FF0000"]LAST EDITED ON 02-11-05 AT 02:43PM (CST)[/font][br][br]Nope. Only indigent defendants in criminal proceedings, I believe. Can't imagine any conceivable circumstance where a civil litigant would get a court-appointed atty, unless it's a USERRA matter and the US Atty's office. is assisting the servicemember.

Edit: I stand corrected! I had no idea you could apply for a court-appointed attorney in a civil matter.

Don D · February 2005

I guess you can 'apply' for anything; but, as Peyton indicated, rarely is one granted. Just think about it though...as many nutcases as are out there, can you imagine having a court appointed attorney available every time they wanted to sue.

marc · February 2005

In Nevada, we had a couple of EEs appealing the dismissal of a mold related workers comp case. They originally hired a private attorney to represent them. When the case has worked it's way to the point where they had to begin presenting evidence (read expensive consultants/professional witnesses) of related to harmful effects of mold, their attorney quit and sent them to the State AG's office, where they obtained representation of an AG staff lawyer.

I don't know if that is on point for you or not.

CRS8383 · February 2005

I have never seen a court appointed attorney in any employment related issues, but I do know of some ADR policies to where the company will pay a set fee for the employee to have representation.

hhaynal · February 2005

Not quite the same, but when I was in law school, we had an employment law clinic whereby individuals could obtain legal representation at no cost.

FrayWitzer · February 2005

Don,

In addition to the (very unlikely) possibility that the Court could appoint an attorney, there are some employment agencies that do so. For example, here in Massachusetts, at the Massachusetts Commission Against Discrimination, if the Commission finds probable cause that discrimination occurred, it can (and often does) appoint one of its Commission Counsel to represent the employee through the public hearing phase.

Evan

2445428 · February 2005

Don,
Court appointed attorneys are for individuals who are charged with a crime, such as a felony or misdemeanor, and who cannot afford to hire an attorney. They are not for civil matters such as when an employee sues an employer. (EE Vs. ER)

In different parts of the country, area attorneys sometime get together and form a legal aid agency, which offers free or reduced cost legal aid for civil matters.

Hope this helps!

Court Appointed Atty.

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