Adebiyi v. Tanner
- Andrew Carter
- 1:24-cv-08472
- U.S. District Court · Southern District of New York
- 1
In Adebiyi v. Tanner, Judge Carter denied Adebiyi’s request for appointed pro bono counsel without prejudice because the case was too early to assess its merits.
Adenike Adebiyi’s request for court-appointed pro bono counsel was denied, but the court allowed her to renew the request later.
What happened
In Adebiyi v. Tanner, Adenike Adebiyi asked the court to appoint a lawyer to represent her without charge.
The court explained that it considers the case’s apparent merits, the person’s efforts to find a lawyer, and the person’s ability to present the case without help. The merits receive the most attention.
Because the case was still at an early stage, the court could not assess its merits. Judge Andrew L. Carter, Jr. denied the request without prejudice to renewal later.
The detailed version
- Adebiyi v. Tanner · No. 1:24-cv-08472
- Andrew Carter
- Mar. 3, 2025
Background
Adenike Adebiyi asked the court to appoint pro bono counsel, meaning a lawyer who would represent her without charging her a fee.
Legal standard
The court said that requests for appointed counsel by an indigent litigant are evaluated based on three factors: the apparent merits of the case, the litigant’s efforts to obtain a lawyer, and the litigant’s ability to investigate the facts and present the case without a lawyer. The court stated that the merits receive the most attention.
Ruling
The court said that the proceeding was too early for it to assess the merits of Adebiyi’s action. It therefore denied Adebiyi’s request for appointment of pro bono counsel without prejudice to renewal at a later date. The order was signed by Judge Andrew L. Carter, Jr.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.