when you need an attorney and can't afford one

by Miguel Frami 10 min read

If you can’t afford an attorney, here are some strategies to try:

  • 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.

When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.

Full Answer

Can I get a lawyer if I Can’t afford one?

Even if you can’t afford an attorney, you may be able to get one on a contingency basis. Contingency means that a lawyer will ask for no fees until they win your case for you. Once that happens, they take a share of the settlement amount you get in court as payment.

How do you protect your legal rights when you can't afford a lawyer?

How do you protect your legal rights when you can't afford a pricey attorney? Under the protections of the Sixth Amendment of the U.S. Constitution, criminal defendants are generally entitled to legal counsel if they cannot afford a lawyer of their own.

Do I have a right to an attorney?

You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. This right to an attorney, even if you cannot afford one, grew out of the Sixth Amendment to the United States Constitution and was cemented in the law by the case of Gideon v.

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.

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Do law firms offer free consultations?

Most law firms offer free consultations to see whether clients are a good match for them. The best part is, during these consultations, the lawyers will navigate your case and discuss what they would if they were to take up your case. Even if you can’t afford their services, their advice and direction may be all you need for your case.

Do lawyers work part time?

Some lawyers work part-time for charities or represent certain populations. For instance, you’ll find that certain lawyers decide to work with specific professionals, such as artists, musicians, writers, and the like. Similarly, there are those lawyers that work with certain socioeconomic backgrounds for charitable reasons.

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.

Who needs an attorney the most?

Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. ...

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 public defender?

Most commonly, the defendant receives the services of a Public Defender, an attorney paid by the state to represent clients with no means of representing themselves. These are overworked and underpaid civil servants that often receive an unfair reputation as being less skilled or less concerned than a private attorney.

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.

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Charitable Organizations Serving Particular Populations

  • Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, dis…
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Pro Bono Programs and Bar Associations

  • Lawyers' bar associations exist at the state and local levels, and often provide low-cost or no-cost legal resources to litigants. 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 sp…
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Law School Clinics

  • Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community. Some law schools have very standard clinics, like criminal defense or housing re…
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Courthouse Facilitators

  • Increasingly, county courthouses have facilitators on staff to help people process their legal claims. Check with your local bar association or courthouse to see what's available. A courthouse facilitator can at least help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
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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. The New York City Bar Association, for exa…
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