I Have No Money, How Can I Hire an Attorney?

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. So, how do you hire an attorney when you have no money?

In some situations, attorneys may be provided to you. These are generally in cases where the stakes are quite high -- so high that the Supreme Court found that you have a constitutional right to an attorney. The most common situation for court-appointed legal counsel has always been criminal cases. Anyone who has watched a TV show or movie featuring law enforcement of any kind probably recognizes the famous Miranda Warning:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. 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. Wainright, 372 U.S. 335 (1963). In that case, a poor defendant was unable to obtain legal counsel and thus, grossly outmatched in court by the State Attorney. 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.

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). 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. In reality, most Public Defenders do everything they can with the budget and time they have to put on the best possible case for their clients.