Can The Courts Be Compelled To Provide Counsel To Aspies?
I am the plaintiff in a Federal lawsuit against the US Census for discrimination as I was fired after asking for an accommodation.
The process to date has been a nightmare, the EEOC procedure is a joke, I was wrongfully advised to appeal, and $30K later nothing.
I hired a lawyer to represent me in Federal Court, it was a $5K retainer than 60/40 split.
Unfortunately, the attorney at the firm flaked and left, the firm made a motion to withdraw saying they lack the bandwidth (as if I have the bandwidth to represent myself).
I have spoken to dozens of attorneys, the only ones who will take the case do not do contingency aside from one, whose retainer is $25K.
I live at home with my parents and can't even afford proper therapy (my out of network therapist is $280), so no, this is not affordable.
Should the motion to withdraw be granted, there is no way I can afford a lawyer, so I would be representing myself, which being autistic, would be a disaster even if I did have a law degree.
I am writing my opposition to the judge as we speak, wanted to ask, in a civil procedure, is there anyway the court can be compelled to provide counsel? I cannot think they want an autistic person who is not a lawyer being in court!
commenting to boost
I don't think courts can do that
how long until the judge makes the ruling on the mtw?
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The process to date has been a nightmare, the EEOC procedure is a joke, I was wrongfully advised to appeal, and $30K later nothing.
I hired a lawyer to represent me in Federal Court, it was a $5K retainer than 60/40 split.
Unfortunately, the attorney at the firm flaked and left, the firm made a motion to withdraw saying they lack the bandwidth (as if I have the bandwidth to represent myself).
I have spoken to dozens of attorneys, the only ones who will take the case do not do contingency aside from one, whose retainer is $25K.
I live at home with my parents and can't even afford proper therapy (my out of network therapist is $280), so no, this is not affordable.
Should the motion to withdraw be granted, there is no way I can afford a lawyer, so I would be representing myself, which being autistic, would be a disaster even if I did have a law degree.
I am writing my opposition to the judge as we speak, wanted to ask, in a civil procedure, is there anyway the court can be compelled to provide counsel? I cannot think they want an autistic person who is not a lawyer being in court!
No. You are not entitled to representation as a plaintiff in a civil case under the Fifth or Sixth Amendment.
I don't know the answer, but these are some links with some info, though not exactly what you are looking for:
Explains right to counsel in civil cases. It says basically that it's very limited. It also has a breakdown by state, but I think your case is in a federal court?
https://www.americanbar.org/groups/lega ... _counsel1/
This one is specific to Texas but has some good explanations:
https://texaslawhelp.org/article/court- ... ivil-cases
This organizations helps people who need legal help because of disability but it doesn't look like they have help that is specific to your situation:
https://thedrlc.org/about/services/
A rundown of federal right to counsel law. Click on "Summary of All Rights to Counsel" and you will see that under Employment Discrimination it says "discretionary," which means "Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required."
http://www.civilrighttocounsel.org/majo ... on=Federal
I feel your pain, having been subjected to roughly half a million dollars in court fees in matters initiated over the last 25 years by my exhusband. I assume he's paid the same, although he happens to be loaded rather than living on a disability income and ... raising our kids who are also on the spectrum, for the past 25 years. Most of what he attacked me for was being autistic, saying I shouldn't be allowed to raise my kids despite the court determining he was a threat to their safety and he could only have supervised access.
The court keeps allowing him to start new BS every 18 months or so, even though he always loses and he's always in contempt of the final orders. The idea is that judges and solicitors are quite happy to get new cars and new homes off the sweat of my children's backs.
When I've asked for accommodations, support with executive function, dimly-lit courtrooms or other sensory accommodations I was told this:
- I can request it of my ex's lawyer (by paying my lawyer to request it)
- The two lawyers can fight back and forth about it at $550 / hour each
- That would be on top of the actual cost of the court motions
- If the other party agrees, I have to find my own helper
- My helper must be a licensed professional (e.g., social worker)
- I must pay my professional their hourly rate to show up
- At the time of our last court matter, my therapist was $255 / hour
- That wouldn't have included paying her mileage, parking, etc
- The trial was expected to be a week long at 40 hours
- The trial itself was supposed to cost me about $50,000 without my therapist
- My therapist would not be able to speak for me, or advise me during the matter
- This is despite me being diagnosed with mutism
- I could not take my dog
- I could not take my adult daughter, even though it was about her
- She wasn't allowed in the room and I was supposed to answer on her behalf
- I always thought it was against the law to speak on another adult's behalf?
- As for sensory accommodations, those were not allowed
Court is ridiculous. Run, don't walk away as quickly and quietly as you can.
_________________
I never give you my number, I only give you my situation.
Beatles
Dupe post
_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."
Wreck It Ralph
Last edited by skibum on 15 Jun 2023, 10:18 am, edited 1 time in total.
Getting legal help is a nightmare. I was assaulted, battered, injured, and then bullied and threatened by the police when I called them for help and I can't get a single lawyer or legal service to help me. They all refuse to help me. Not even a single Autism advocacy service is willing to help.
But if an Autistic person even breathes wrong, we can be prosecuted and imprisoned at the bat of an eye.
I have also been fired from many jobs for the same reason, asking for disability accommodations.
_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."
Wreck It Ralph
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