Civil Gideon Arrives; ABA Urges Universal Adoption

A right to counsel in adversarial proceedings "where basic human needs are at stake."

The ABA has created a set of “basic principles of a right to counsel in civil proceedings.”

The long-discussed standard was enacted at the ABA’s annual convention.

The principle itself refers to “persons unable to pay for the services of a lawyer.”  The commentary refers to “indigent civil litigants.”  Another portion of the written motion refers to beneficiaries as “low-income persons.”

States are urged to create the right to counsel, with appropriate financial screening, in cases in which “basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody, as determined by each jurisdiction.  The right would apply to adversarial proceedings.

The ABA said it is the first time the organization has recognized a government obligation “to fund and supply effective legal representation to all poor persons involved in the type of high stakes proceedings within the civil justice system that place them at risk of losing their homes, custody of their children, protection from actual or threatened violence, access to basic health care, their sole source of financial support, or other fundamental necessities of life. “

Further, the ABA recommends that litigants receive “timely and adequate notice” of their civil litigation rights. Waivers would be ineffective unless they are made knowingly, intelligently and voluntarily.”