What is the test for making a discretionary appointment in a personal injury case?
MultiRegion, United States of America
The following excerpt is from Smith v. Avalos, Case No.: 3:20-cv-01534-JAH-KSC (S.D. Cal. 2020):
"exceptional circumstances" support such a discretionary appointment. Terrell v. Brewer, 935 F.3d 1015, 1017 (9th Cir. 1991); Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Exceptional circumstances exist where there is cumulative showing of both a likelihood of success on the merits and a demonstrated inability of the pro se litigant to articulate his claims in light of their legal complexity. Id.
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