Thompson v. Lemon

Background

Thompson sent the court a letter dated February 5, 2025, asking that Sami Elamad, his former pro bono counsel, be appointed to represent him for purposes of opposing a defendant’s expected motion to dismiss. Thompson’s opposition deadline was April 14, 2025. The court had previously granted Thompson permission to proceed without paying court fees.

Legal standard

In a civil case, a court may ask a lawyer to volunteer to represent an indigent litigant, but courts should do so sparingly. The litigant must show indigence, and the court must find that the claim appears likely to have substance. The court may also consider the person’s ability to investigate and present the case, the complexity of the legal issues, and whether appointing counsel would likely produce a fair result.

Court’s reasoning

The court concluded that Thompson was indigent. However, Elamad’s prior representation had been limited to filing an amended complaint, and that representation had ended. The court had not yet fully evaluated the motion to dismiss or the complexity of the legal issues. It therefore found that Thompson’s request for counsel was premature.

Disposition

Judge Katharine H. Parker denied without prejudice Thompson’s request for appointment of pro bono counsel. The order directed the Clerk of Court to mail a copy to Thompson.