Al-Haj v. Singer
- Lewis Liman
- 1:19-cv-03135-LJL
- U.S. District Court · Southern District of New York
- 2
In Al-Haj v. Singer, Judge Liman denied Nagibe Al-Haj’s request for appointed counsel without prejudice because he had not shown his claims were likely substantial.
Nagibe Al-Haj, whose request for volunteer counsel was denied without prejudice; the underlying claims against the named defendants were not decided.
What happened
In Al-Haj v. Singer, Nagibe Al-Haj asked the court to request a volunteer lawyer for this case and a related case, No. 19-6072.
The court explained that it may request, but cannot require, a lawyer to volunteer in a civil case. It found that Al-Haj had not shown at that time that his claims were likely to have merit, so the court could not determine that a lawyer should be requested.
Judge Lewis J. Liman denied the request for counsel without prejudice and directed the Clerk of Court to mail Al-Haj a copy of the order. The order also identified a New York Legal Aid Group clinic as a possible source of assistance.
The detailed version
- Al-Haj v. Singer · No. 1:19-cv-03135-LJL
- Lewis Liman
- Mar. 15, 2021
Background
Nagibe Al-Haj asked the court to appoint counsel to represent him in this case and in a related case, No. 19-6072. The request was made by letter dated March 1, 2021.
Legal standard
The court explained that a district court has broad discretion when deciding whether to request volunteer legal representation for an indigent civil litigant under 28 U.S.C. § 1915. The court cannot require an attorney to take the case; it can only request that an attorney volunteer. Courts should make such requests sparingly because volunteer lawyer time is limited.
The court applied the factors identified in Hodge v. Police Officers. The first question is whether the litigant’s claims appear likely to have substance. If they do, the court may also consider whether the litigant can obtain representation independently, handle the case without assistance, investigate the facts, address complex legal issues, and conduct cross-examination effectively.
Ruling
The court found that Al-Haj had not made the required showing at that time and that it could not determine that his claim had merit. Judge Lewis J. Liman therefore denied Al-Haj’s request for appointment of counsel without prejudice. The Clerk of Court was directed to mail Al-Haj a copy of the order. The court also identified the New York Legal Aid Group Legal Clinic for Pro Se Litigants as a possible source of assistance.
Effect of the ruling
The opinion addresses only the request for counsel. It does not decide the underlying claims against the defendants. Because the request was denied without prejudice, the order’s stated disposition does not bar a later request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.