Mokhtar v. Kerry
Mokhtar v. Kerry
Opinion of the Court
On August 26, 2014, Plaintiff, Nadia Mokhtar, filed a motion for appointment of counsel. See ECF No. 89. In that motion, Ms. Mokhtar states that she has consulted with three potential attorneys, but she did not hire any of them because she "has never had the kind of money needed to pay the fees these lawyers are asking [for]." Id. Ms. Mokhtar also asserts that she is a "direct-hire full-time Government employee," but she does not provide her salary or any other financial information. See id.
A civil plaintiff is not guaranteed counsel. See Gaviria v. Reynolds ,
(i) the nature and complexity of the action;
(ii) the potential merit of the pro se party's claims;
(iii) the demonstrated inability of the pro se party to retain counsel by other means; and
(iv) the degree to which the interests of justice will be served by appointment of counsel, including the benefit the Court may derive from the assistance of the appointed counsel.
See D.D.C. Civ. R. 83.11(b)(3); Gaviria ,
In cases involving employment causes of action like those Ms. Mokhtar asserts here, courts consider a slightly different set of factors: "(1) the ability of the plaintiff to afford an attorney; (2) the merits of the plaintiff's case; (3) the efforts of the plaintiff to secure counsel; and (4) the capacity of the plaintiff to present the case adequately without aid of counsel." Poindexter v. FBI ,
Here, Ms. Mokhtar's motion gives the Court no information from which to evaluate whether she is capable of affording counsel, which is the first factor under the Poindexter standard. For example, the motion does not provide her present salary, and it does not address whether she can afford counsel through alternative means, such as other sources of income, savings, or by entering into a contingency arrangement, as well as what other expenses she has that are preventing her from affording counsel as a full-time employee. Although "a court should not insist that a plaintiff be destitute," Poindexter ,
Because Ms. Mokhtar fails to make any demonstration regarding her financial inability to afford counsel, the Court finds it unnecessary at this time to address the remaining Poindexter factors. Accordingly, it is hereby
ORDERED that Plaintiff's motion for appointment of counsel is DENIED WITHOUT PREJUDICE . Ms. Mokhtar is free to submit a new motion that provides detailed information from which the Court may determine whether to appoint counsel under the Poindexter factors listed above.
SO ORDERED.
The Court notes that Ms. Mokhtar has not moved to proceed in forma pauperis pursuant to
Reference
- Full Case Name
- Nadia MOKHTAR v. John F. KERRY, Secretary of State
- Cited By
- 3 cases
- Status
- Published