Scales v. New York Hotel and Motel Trades Council, Local 6
- John Cronan
- 1:21-cv-08142
- U.S. District Court · Southern District of New York
- 2
In Scales v. New York Hotel and Motel Trades Council, Local 6, Judge Cronan denied without prejudice Scales’s request for counsel.
William Scales, whose request for appointed counsel was denied without prejudice; the opinion does not identify any ruling affecting the defendant’s substantive rights.
What happened
In Scales v. New York Hotel and Motel Trades Council, Local 6, William Scales asked the court to appoint a lawyer for him. The opinion does not describe the underlying claims in detail.
The court said a person seeking appointed counsel must first show that the case has substance or is likely to succeed. It also considered factors such as the person’s ability to pay, efforts to find a lawyer, and ability to handle the case without help.
Judge John P. Cronan denied without prejudice Scales’s request for counsel. The court said Scales could renew the request if he later demonstrated a potentially meritorious claim, and directed the clerk to close the counsel-request docket entry and mail him the order.
The detailed version
- Scales v. New York Hotel and Motel Trades Council, Local 6 · No. 1:21-cv-08142
- John Cronan
- Jan. 31, 2022
Background
On January 28, 2022, William Scales submitted an application asking the court to appoint counsel. The opinion does not provide details about the claims underlying his lawsuit.
Legal standard
The court explained that, before appointing counsel, it must determine whether the plaintiff’s claim has substance or a likelihood of success. It must also consider the plaintiff’s ability to pay for private counsel, efforts to obtain a lawyer, the availability of counsel, and the plaintiff’s ability to gather facts and address the issues without assistance. The court noted that volunteer attorney time is limited and that requests for counsel should not be granted indiscriminately.
Ruling
After reviewing Scales’s claims under those factors, the court denied without prejudice his request for counsel. The court permitted renewal of the request if Scales later demonstrated the existence of a potentially meritorious claim. It also noted that Scales could contact the New York Legal Assistance Group to ask whether it could assist him. The clerk was directed to terminate Docket No. 20 and mail a copy of the order to Scales.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.