Perez v. Experian

Background

Eric Andrew Perez applied for the court to request volunteer counsel under 28 U.S.C. § 1915(e)(1). The opinion explains that, in civil cases, courts generally are not required to provide lawyers. The statute allows a court to request that an attorney volunteer, but does not authorize the court to appoint counsel or pay a lawyer in an ordinary civil case.

Legal standard

The court stated that a person seeking counsel must first show that he cannot afford a lawyer. The court must then consider whether the claim appears likely to have substance and, if so, factors such as the person’s ability to investigate facts, present the case, handle complex legal issues, and address conflicting evidence. Requests are evaluated based on the specific facts of each case and are granted sparingly.

Ruling

Perez had previously applied to proceed without paying the filing fee. Chief Judge McMahon denied that application because Perez had not answered the questions in it and had stated that he wanted to pay the $400 filing fee. Perez then paid the fee on November 6, 2020. Although Perez stated in his counsel application that he could not pay for legal representation, the court found that he had not been granted permission to proceed without paying the fee and had not otherwise established that he qualified as unable to afford counsel.

Judge Philip M. Halpern denied Perez’s Application for the Court to Request Counsel. The court directed the Clerk to terminate the counsel application and Perez’s application for electronic case notifications because the docket showed that he had consented to electronic service.