Legal Question in Civil Litigation in California
re: court appointed attorneys if a person has filed a waiver of cost & fees with the court in a civil action is there any reason why the court can not appoint counsel to the defendant? If so pursuant to what statute?
3 Answers from Attorneys
You're not entitled to a free lawyer as a civil defendant. Depending on the type of case you might be covered by insurance, or a law might provide that your attorney fees are paid at the end of the case (you could then use this to try and get a lawyer to represent you). In particular if it is a credit card or other debt case and you don't owe the debt, or the debt is over four years old, you shouldn't have a problem finding an attorney.
The courts only appoint attorneys for indigent defendants in criminal cases. If you are truly indigent, then the plaintiff is wasting his/ her time. Otherwise you are just being cheap.
You can only get a court-appointed attorney in criminal cases or if the government is trying to restrict or end your parental rights. (The parents and the children may be eligible for lawyers in such cases.)