ProBono
(How to get a lawyer for free)
I know, this site is focused on “do it yourself”…but sometimes you need to actually have a lawyer help you.
If you need a lawyer, in most cases you will need to pay that lawyer.
But it is possible, perhaps (depending on the circumstances) even likely for you to get a free lawyer. The US Constitution guarantees free legal help for people who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer. So if you are charged with a crime, the state will, in most cases, provide you a public defender. And, contrary to popular opinion, in my experience most public defenders are highly skilled litigators. They are often overworked, and underpaid. But, in my view, they often enjoy the job (and therefore willing to put up with the long hours and poor pay). So do not despair if you are facing a criminal trial and are “stuck” with the public defender. Also, most states have rules that provide a right to counsel, for folks who can not afford a lawyer, in cases where they are facing termination of their parental rights, or involuntary commitment.
If you are entitled to counsel the court will appoint the counsel. If you believe you are entitled and the court has not yet appointed? Ask your judge at the next hearing. If you are entitled to a lawyer, the judge will ensure you are appointed counsel.
What if the court has appointed you a lawyer and you are not happy with them: While the law grants a right to a lawyer in certain circumstances, the law dose not grant you a choice of lawyer. That said, the law requires that any lawyer representing you be “competent”. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. IF you feel that your court appointed lawyer is not fairly representing you, you should raise this issue with the judge at the next hearing. The judge has a duty to ensure a fair trial. If your lawyer is not doing their job, the judge can order they be replaced. But understand that the standard here is a fairly high bar…so long as your court appointed lawyer is doing the bare minimum (as required by the circumstances of your case) the judge is not going to replace them.
If your case does not come with the right to free counsel, you will need to seek counsel on your own. The starting point, for most folks here, is a simple google search ( You type into preferred internet search machine the terms “legal aid” and ___statename___). This should point you to the various non profit organizations that operate within your state. Some states have several organizations that offer legal aid to folks who can not afford to hire an attorney. Or you can simply call your country. Most legal aid associations work at the county level, so your county manager will have access to the organizations who provide this service in your county. It is good to know, up front that the legal aid folks are somewhat picky in the types of cases they will take on, so just because you have low income does not guarantee you will be able to get help. Still, it is a good place to start the search for free legal help. In addition to the legal aid folks who support the needs of folks within your county, there are numerous non profit organizations that provide legal services to certain “niche” segments of our society. For example, if you are the victim of racial discrimination, or had your civil rights violated, the American Civil Liberties Union (ACLU) may be willing to help you case. Or if you are a veteran, there are numerous organizations that may be able to help you based on your status as a veteran. Another option that can help is availing yourself to attorneys who will offer Free consults: this can help educate you on the case…it will not get you representation…but the lawyer may provide you insight into the key points of the case you will need to navigate and help solve the problem.
Ok…so you have tried the court, the county, the ACLU…you still can not find a lawyer…what now?
This is a tough question…Most lawyers have bills to pay and are not interesting in working, for others, for free. This should not be a surprise…heck, most folks are in the same boat. Most folks who are willing to do work for free do so working through the various legal aid agencies.
There is not some stable of attorneys, chomping at the bit, to work your case, for free.
I believe the best way to find a lawyer to work for you, for free, is to leverage your social network.
You may not know an attorney…but I bet you know someone who does. This is where calling in a favor from a friend or family member can help. Heck, put the notice out on your social medial platform (Facebook/Tumbler, whatever is your jam). This may help find someone who can assist.
I recently worked for free, as defense counsel on a murder case. I did not know the defendant…but a good friend was lead counsel in the case and had reached out to me to help. I was happy he did, we got a great result for the client.
Pro Se: It is possible to represent yourself. This, generally, is not a good move. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will often not cut you any slack.
That said, if you have no other choice, you may be able to represent yourself as a means to solve this. Check out my episode on this topic for more insights.
The focus of this sitel is to help keep you out of the courtroom. If you are struggling to find a lawyer who will work for free, ask yourself this question “what can I do to solve this myself “.
Most legal case resolve without the need for a judge to issue an order…the trick is to find a way to solve yours in this manner. For example, if someone is suing you, and they have a lawyer and you do not? You may want to reach out to them to figure out some sort of settlement.