Boards of Trustees of the I.A.T.S.E. Annuity Fund v. Productions

Background

The plaintiffs seek employee benefit plan contributions, interest, and liquidated damages. They also seek an order requiring Ironman Productions, Inc. and Lonesome Producer, LLC to submit their books and records to an audit under the Employee Retirement Income Security Act of 1974, a federal law governing employee benefit plans.

The defendants applied for the court to request pro bono counsel, meaning a volunteer lawyer provided without charge. They asserted that their previous attorney was not qualified to practice law in New York and that they lacked funds to pay for an attorney. At the time, the plaintiffs’ motion for default judgment and the defendants’ motion to dismiss were pending.

Court’s reasoning

The court explained that a federal law allows courts to request an attorney to represent a person who cannot afford counsel. In civil cases, however, courts are not required to provide counsel. Instead, the court has broad discretion to decide whether to request volunteer representation. The court found that representation would lead to a quicker and more just result by sharpening the issues and shaping the examination of evidence.

Ruling

The defendants’ application for the court to request counsel was granted. The clerk was directed to try to locate pro bono counsel to provide full-scope representation to both defendants for all purposes. The court warned that no government funds are available to retain counsel in civil cases, that the process depends on volunteers, and that a shortage of volunteer attorneys could cause a delay. The opinion did not rule on the pending motion for default judgment or the defendants’ motion to dismiss.