Hall v. Department of Corrections Medical Department

Background

Keith Hall, who was representing himself, applied for appointment of pro bono counsel. The application was received on September 9, 2020. The court explained that, in a civil case, it cannot require an attorney to represent an indigent person, but it may ask its Pro Se Office to seek a volunteer lawyer through the court’s pro bono panel under 28 U.S.C. § 1915(e)(1).

Standard for Appointment of Counsel

The court applied the Second Circuit’s standard for appointing counsel to a self-represented litigant. First, the court considers whether the litigant’s position appears likely to have substance or some chance of success. If that threshold is met, the court considers additional factors, including whether the person can obtain a lawyer independently, whether the person can handle the case without assistance, the factual investigation required, the complexity of the legal issues, and whether skilled cross-examination is needed.

Court’s Analysis

The court found that the proceedings were still in their early stages and that no defendant had filed an answer. Because of that, it could not conclude that Hall was unable to handle the case without assistance, although that assessment could change as the case progressed. The court also could not determine that Hall’s position showed a strong chance of success. It further found that the legal issues were not particularly complex.

Disposition

Judge Nelson S. Roman denied Hall’s motion for appointment of pro bono counsel without prejudice to renewal at a later stage in the proceedings. The Clerk of Court was directed to mail Hall a copy of the order and show proof of service.