Does a plaintiff have a right to appointed counsel in a civil case?

MultiRegion, United States of America

The following excerpt is from Dino v. Comm'r of Soc. Sec., Case No.: 18-CV-156-DMS(WVG) (S.D. Cal. 2018):

A plaintiff in a civil case generally has no right to appointed counsel. See Hernandez v. Whiting, 881 F.2d 768, 770-771 (9th Cir. 1989). However, federal courts have discretion to request counsel "to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). But appointment of counsel under section 1915 requires a finding of "exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). "A finding of exceptional circumstances requires an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved. Neither of these factors is dispositive and both must be viewed together before reaching a decision." Id. (internal quotations omitted).

Other Questions


What is the test for a plaintiff in a civil case seeking to enforce a civil rights defense in the context of civil rights violations? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What are the implications of a pro se petition in civil rights cases when a plaintiff appears in propria persona in a civil rights case? (MultiRegion, United States of America)
Can a plaintiff bring a civil rights and habeas petition in federal civil rights cases? (MultiRegion, United States of America)
Is a plaintiff who meets the requirement of indigence for the appointment of counsel in a personal injury case entitled to appoint counsel? (MultiRegion, United States of America)
Does a plaintiff have a constitutional right to appointed counsel in a civil rights action? (MultiRegion, United States of America)
Does a plaintiff have a right to appoint counsel in a civil case? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
Is a plaintiff entitled to the appointment of counsel in a civil rights case? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.