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Civil Right to Counsel

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quincy

Senior Member
In the US, although there is a federal right to legal counsel for parties involved in a criminal action, this same right to counsel is available to parties in only a limited number of civil action cases. If a party in a civil action cannot afford an attorney, they often find themselves at a disadvantage in court, especially when their opponent has the financial ability to afford legal representation.

The states of California, Colorado, Connecticut, Florida, Georgia, Iowa, Kentucky, Massachusetts, Maryland, Missouri, Mississippi, Nebraska, New Jersey, New York (and New York City), Oregon, Pennsylvania, Utah and West Virginia currently have bills being considered by legislators that will provide for, or expand on, the right to counsel in civil actions. These bills include (but are not limited to) a right to counsel in cases involving municipal violations where jail time is a possibility, a right to counsel for parties in an involuntary outpatient treatment of substance abuse cases, a right to counsel for parents prior to hearings on removal of children from their homes, a right to counsel for parents prior to termination of parental rights in cases of rape, and a right to counsel for the indigent in eviction and foreclosure proceedings.

The National Coalition for a Civil Right to Counsel, in connection with the Public Justice Center, has published a list of the bills currently being considered in the states listed above. Here is a link to the NCCRC website with information on the bills, and who you can contact if you wish to express your opinion on or approval for the bills:

http://civilrighttocounsel.org/legislative_developments

We have many posters who come to this site seeking legal assistance because they cannot afford to pay for an attorney. These posters often have no knowledge of the Rules of Civil Procedure and no knowledge of the laws that may apply to the cases they find themselves involved in, either as plaintiff or as defendant.

As helpful as this forum is, it is rarely possible to provide some posters with the type of legal attention their cases often need. Free legal help cannot always level the playing field for the indigent heading to court on their own against a represented party.
 


CdwJava

Senior Member
That's a good link, thanks.

When I first read it, I was thinking, "Oh, God, now we are going to pay for attorneys to sue everyone and there will be no end to pointless tort claims! But, I see from the list that the CA legislation would be to provide legal representation to someone on a conservatorship when attempting to determine if they are gravely disabled (i.e. potentially facing institutionalization). This seems fair - a GAL, of a sort, for the indigent and incapable. THAT sort of thing makes sense to me.
 

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