how to get an attorney if you can't afford one

by Mr. Emilio Altenwerth 3 min read

Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or state bar association. Go to small claims court.

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What to do if you don't have a lawyer?

Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer? Hardly.

What happens if you can't afford legal assistance?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative.

How to get free legal consultation?

Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for. You might also be able to get some direction as to who can help you for free or a bargain basement price.

What happens if you lose a pro bono case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you.

What law schools offer free legal advice?

Many law schools have pro bono programs in which law students can offer free legal advice. Some of the schools that have such programs include American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.

What is lawhelp.org?

You can find more ideas at LawHelp.org, a nonprofit aimed at connecting people with low and moderate incomes to free legal aid programs in their communities.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

Can a federal agency help an undocumented immigrant?

Most federally funded legal services offices will not, however, help anyone who is an undocumented immigrant.

Is it important to get legal advice?

While your life or liberty might not be at stake in an everyday legal matter, getting the right advice can still be crucially important. Think of housing rights, child custody battles, immigration and deportation matters, or crippling litigation over medical bills.

Does legal aid help with income?

Most legal aid offices help only people with incomes below a certain level. Some programs also consider all your assets, no matter what your income. Search the Internet or your local phone directory for “legal services” or “legal aid” in your city. Most federally funded legal services offices will not, however, ...

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

How to get legal counsel without paying up front?

There is another way to get legal counsel without significant up-front expenses. This is the “contingency fee” arrangement, whereby one's payment to their attorney is contingent upon that lawyer getting some form of recovery for the client. Generally, the client pays either nothing out-of-pocket, or only some of the costs of the case (like filing and service fees). At the conclusion of the case, if the attorney loses, the client pays nothing, but if the attorney recovers any money for the client, then the attorney takes his or her fees as a percentage of the award.

How to find a lawyer in your area?

If you want to find an attorney in your area that might be able to help you with your case, visit HG.org and use the attorney search feature. You can search by practice area and location to find someone that can help you with your particular matter right where you live. When you call them, be sure to ask if they handle cases on a contingency fee basis, if they ever take on any pro bono representation, or if they can help you find more information about someone who might be able to assist you. You can also contact local bar associations, pro bono clinics, legal aid societies, and even law libraries to get more information about free and reduced rate legal representation in your area.

What is the right of an indigent person to counsel?

On appeal from his conviction, the Supreme Court held that the right of an indigent (i.e., poor) defendant in a criminal case to have the assistance of counsel is a fundamental right essential to a fair trial. Thus, the conviction was overturned and the right to legal counsel in a criminal case was finally and firmly established.

What happens if an attorney loses a case?

At the conclusion of the case, if the attorney loses, the client pays nothing, but if the attorney recovers any money for the client, then the attorney takes his or her fees as a percentage of the award.

What is a conflict attorney?

Thus, when someone has a conflict with the Public Defender's office, so-called “conflict attorneys” may be appointed by the court. These are usually private attorneys that have volunteered to assist the court in these situations.

When is a criminal defendant advised of their right to legal counsel?

If arrested, a criminal defendant must be advised of their right to legal counsel. An attorney is typically appointed at the first hearing the defendant attends (usually a first appearance that occurs within 24 hours of arrest).

Do private attorneys volunteer?

In other cases, private attorneys will sometimes volunteer to represent someone. In these situations, it is truly an act of charity since the attorney will likely never see any payment for his or her services. Nevertheless, many attorneys feel that giving back to the community is an essential part of their professional obligation, and thus, it is possible to get the assistance of a very competent attorney at absolutely no charge. Very large law firms are often best known for such services, and make a practice of requiring their member attorneys to volunteer a certain amount of time each month to helping the less fortunate.

What happens if you cannot afford a lawyer?

A court will appoint a lawyer to represent you if you can’t afford one. In the United States, everyone has a right to an attorney in a criminal case. This means that the judge will either appoint a private attorney to represent you or an attorney from a public defender’s office. These attorneys are paid by public funds, not you (except for in some rare cases).

How can you obtain a lawyer?

One way to find a lawyer is through friends, family and other people you may know. These people can either recommend an attorney they used previously or help you research for the right lawyer. When it is possible, keeping your family involved can help share the work of getting prepared for a criminal case.

How can a lawyer help you?

In addition, an attorney can assist you even after your case. For example, your lawyer can file a lawsuit on your behalf if you are in prison. In general, that’s only something that you and your lawyer can do, no one else. Additionally, an attorney may be able to answer certain questions others cannot.

What to do if you can't afford a criminal defense lawyer?

If you don't think you can afford to pay for a criminal defense lawyer, you should ask the court to appoint one for you. You will need to provide information about your income, assets, and expenses. If you qualify, the court will appoint a public defender or panel attorney for you.

How Do I Get a Court-Appointed Attorney?

In a typical case, courts appoint lawyers for eligible defendants at their first court appearance, usually an arraignment. Defendants who want court-appointed counsel must:

Will I Have to Pay Court-Appointed Attorney Fees?

For example, many jurisdictions require defendants to pay a registration fee (like $50) at the beginning of a case to get a court-appointed attorney. At the end of a case, defendants might be required to reimburse the government for part or all of the cost of court-appointed counsel if the court finds that a defendant has the financial resources to do so.

What is a contract attorney?

In states that don't have public defender offices, courts appoint private attorneys who contract (agree) to represent indigent defendants at government expense. Each jurisdiction that employs contract attorneys (also called "panel attorneys") has its own system of appointing and compensating attorneys.

What are the duties of an attorney?

The government does, however, have a constitutional duty to appoint attorneys for people (adults and juveniles) charged with misdemeanor and felony crimes if they are: 1 legally indigent (see below), and 2 facing a potential jail or prison sentence.

Why are public defender fees eliminated?

For instance, a defendant who fears having to reimburse the government at the end of the case might choose to enter a guilty plea rather than go to trial. Some states, including California, have eliminated public defender fees and other criminal fees for these reasons.

Why do judges appoint panel attorneys?

Even in jurisdictions that have public defender offices, courts sometimes have to appoint panel attorneys when the public defender's office can't take a case due to a "conflict of interest." A conflict of interest isn't a personal rejection of a defendant. Conflicts arise when an attorney's ability to zealously represent a defendant could be impaired by their past or present ethical duties to another client (such as a co-defendant). In these cases, judges appoint the public defender to represent one defendant and a panel attorney for the other (s).

What Type of Legal Aid are You Looking For?

One of the first things you’ll want to do before you even perform a Google search is to narrow down what type of legal aid you’re looking for. This will direct you to an appropriate attorney who specializes in that field.

Free Government Legal Aid

You’ve probably heard of the legal aid available to those who are charged with alleged crimes. It’s repeated in ever cop show ever made.

Free Online Legal Resources

As you might imagine, there are plenty of free online resources as well. While most of them might not actually answer your legal questions or guide you towards a specific action, they will help you find the right people and organizations who will.

Free Local Legal Resources

With all this free legal aid available online, don’t forget your local resources as well. The aid you’re looking for might just be a 10-minute drive away.

Getting the Most From Your Legal Aid

The resources we listed above will help you find some sort of legal aid. But what should you do once you’ve gotten the information you need? Here’s a list of considerations to keep the process moving.

The Right to Legal Representation

Involving a lawyer can feel like a big step towards something you may or may not have control of. If you are forced to hire one, you will probably be worried about the associated costs. But keep in mind that there are free resources out there, both in-person and online.

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Federally Funded Programs

Charitable Organizations Serving Particular Populations

Pro Bono Programs and Bar Associations

Law School Clinics

Courthouse Facilitators

Low-Cost Legal Programs

  • It's easy to have too much income to qualify for legal services, yet still be unable to afford a private attorney. There are programs to help people who fall into this group. Telephone hotlines, for example, may charge by the minute. Or, look for sliding-fee programs to get you the advice and representation you need at the lowest price possible. Th...
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