Lin v. Yuri Sushi Inc
- George Daniels
- 1:18-cv-00528
- U.S. District Court · Southern District of New York
- 2
In Lin v. Yuri Sushi Inc., Judge Wang denied Sophia Lian’s request for appointed counsel without prejudice.
Sophia Lian, the self-represented defendant who sought appointed counsel; the order also directed the Clerk to mail a copy to the defendants.
What happened
Lin v. Yuri Sushi Inc. concerns Sophia Lian’s request for a court-appointed lawyer while representing herself as a defendant.
The court said it needed a more developed record before deciding whether Lian had a potentially successful defense. It also explained that appointment depends on factors including the strength of the case, ability to pay, efforts to find a lawyer, availability of lawyers, and ability to handle the case without help.
Judge Ona T. Wang denied Lian’s application without prejudice, allowing her to renew it later if she can show that she may have a meritorious defense.
The detailed version
- Lin v. Yuri Sushi Inc · No. 1:18-cv-00528
- George Daniels
- Sept. 30, 2020
Background
Sophia Lian, a defendant representing herself, applied for appointment of counsel on September 12, 2020. The order does not describe the underlying claims or defenses in detail.
Legal standard
The court applied the standard for appointing counsel to an individual who cannot or does not have a lawyer. It considered the strength or likely success of the party’s claims or defenses, ability to pay for private counsel, efforts to obtain a lawyer, availability of volunteer counsel, and ability to gather facts and address the issues without assistance. The court stated that a party must first show that the claim or defense has substance or a likelihood of success. It also noted that volunteer attorney time is limited and that appointment is not guaranteed to result in a lawyer being found.
Ruling
The court concluded that a more fully developed record was necessary to determine whether Lian’s chances of success justified appointing counsel. Judge Ona T. Wang therefore denied Lian’s application for appointment of counsel without prejudice to renewal when she can demonstrate the existence of a potentially meritorious defense. The Clerk was directed to mail the order to the defendants at the address listed for Yuri Sushi.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.