Thompson v. CRF-Cluster Model Program, LLC

Background

On the record on May 5, 2021, Peter Thompson requested appointment of pro bono counsel—a volunteer lawyer—for the limited purpose of pursuing a settlement conference with CRF-Cluster Model Program, LLC. Thompson had previously been allowed to proceed without paying filing fees, so the court treated him as unable to afford counsel.

Reasoning

Under 28 U.S.C. § 1915(e)(1), a court may appoint a lawyer for a person unable to afford one. The court has broad discretion, guided by legal principles. It first considers whether the person’s position appears likely to have substance and may then consider factors such as the person’s ability to investigate and present the case, the need to question witnesses, the complexity of the legal issues, and other reasons why counsel could help produce a fair result.

The court found that the parties had sharply different views about the relevant facts, the issues to be litigated, and the value of the case. It concluded that settlement discussions would be most effective if Thompson had counsel and found appointment of volunteer counsel justified for this case.

Ruling

Judge Katherine Polk Failla granted Thompson’s application for appointment of pro bono counsel for the limited purpose of assisting with settlement. The Clerk of Court was directed to try to locate a volunteer lawyer and mail Thompson a copy of the order. The court emphasized that there were no funds to hire lawyers in civil cases, that finding a volunteer could take a long time, and that there was no guarantee a lawyer would accept the case. Thompson was told to be prepared to continue representing himself.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees.