Aboul v. Ameritania 54th Associates, LLC

Background

Lahsen Aboul, a self-represented plaintiff, requested appointment of counsel in two discrimination cases: one against Ameritania 54th Associates, LLC and one against Amsterdam Hospitality. He said he could not afford a lawyer because he was unemployed during the coronavirus pandemic and that he had struggled to find an attorney willing to handle the cases.

Legal standard

The court stated that it had no budget to pay appointed counsel in civil cases and no authority to require a lawyer to serve without pay. Under the standard described in the order, a person seeking appointed counsel must first make a threshold showing that the claims have some likelihood of merit. If that showing is made, the court may consider additional factors, including the person’s ability to investigate and present the case, the complexity of the legal issues, and whether appointing counsel would be especially likely to produce a fair result.

Ruling

The court denied Aboul’s applications for appointment of counsel without prejudice because, based on the current record, it could not conclude that his claims were substantial or that he was likely to succeed. The court noted that the cases were still in their early stages and that there had been no motion practice or discovery.

Additional directions

The court directed Aboul to work with the court’s Pro Se Office for additional assistance and to continue seeking private counsel. It also identified a separate legal-assistance clinic operated by the New York Legal Assistance Group and explained that the clinic was not part of the court and could not file documents for him. Finally, the court directed Aboul to stop emailing submissions to chambers and to file them through the court’s electronic filing system instead. The Clerk was directed to close docket entries 23 and 26 and mark them as denied without prejudice.