Last updated: June 2007

The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "Q&A: The Law," runs in the St. Louis Post-Dispatch (Illinois Edition) and the Champaign News Gazette.

Question

I was sued by an insurance company over an automobile accident. I went to court and asked the judge to appoint a lawyer for me, because I can't afford one. The judge said I'm not entitled to a court-appointed lawyer. Why not? When does someone get a count-appointed lawyer?

Answer

There's a simple dividing line between when you get a court-appointed lawyer and when you don't. The only time when a judge must appoint a lawyer for you is in a criminal case because that is your constitutional right. A criminal case is where the state prosecutes a defendant over a crime they may have committed. However, in civil cases (a case between two private parties), you do not have a constitutional right to a lawyer, and therefore a judge does not have to appoint a lawyer for you.

There are, of course, a few exceptions. Juvenile cases, child abuse and neglect cases, and some cases where a parent's rights are being terminated aren't criminal cases, but the people involved in those cases still get a free lawyer.

Because your case with an insurance company is a civil case, you don't have a right to a free lawyer.

In general, in civil cases, the only free lawyers are legal aid lawyers. They provide free legal assistance in civil cases to low-income people. But they only handle certain kinds of cases. Even if they handle your type of case, and even if your income is low enough to qualify, they still may not be able to help you, simply because they don't have enough lawyers to take every eligible case. To find free legal help for a civil case, search the "Helpful Organizations" section below.

So, if you can't afford a lawyer, and can't get help from legal aid, your only option is to go "pro se"--to represent yourself.

Helpful Organizations
The following organizations may be able to help you with Americans with Disabilities Act

For a list of organizations in your area that may be able to help you, enter your zip code.

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