You can typically get a public defender for a criminal matter — but this isn’t a criminal matter. You don’t get a lawyer provided to you free of charges to represent you at a non-criminal hearing of this sort, just as the government doesn’t hand out free lawyers if you want to sue someone (or get sued by someone).
You don’t need to commit a crime to be sued for something. Not every type of harm is a criminal offense. Civil court exists to decide upon disagreements that people could not settle on their own, not to determine whether a law was broken.
You get a puic defender in crimimal courts because it is the state accusing you of wrongdoing and attempting to limit your rights. In civil court, it is another private citizen or entity, and they are looking to enforce their rights, not strip yours.
Isn’t this just how the justice system work? Doesn’t everyone get legal representation?
No.
You can typically get a public defender for a criminal matter — but this isn’t a criminal matter. You don’t get a lawyer provided to you free of charges to represent you at a non-criminal hearing of this sort, just as the government doesn’t hand out free lawyers if you want to sue someone (or get sued by someone).
Really? So if you get sued without proof of crime it’s on you?
You don’t need to commit a crime to be sued for something. Not every type of harm is a criminal offense. Civil court exists to decide upon disagreements that people could not settle on their own, not to determine whether a law was broken.
You get a puic defender in crimimal courts because it is the state accusing you of wrongdoing and attempting to limit your rights. In civil court, it is another private citizen or entity, and they are looking to enforce their rights, not strip yours.
So what happens if you get sued in civil court and you can’t afford a lawyer, do you just have to represent yourself?
That depends. Depending on the situation, you may be able to find a lawyer willing to do pro bono work.
But that would be an agreement between you and the lawyer volunteering their time and expertise; the government wouldn’t be involved.
Barring a lawyer willing to represent you pro bono, then yes — you pay for your own lawyer or you represent yourself.
Yup.