Right to counsel - certain defendants

Key_development Question_mark

Legislation, All Basic Human Needs

La. C.C.P. Art. 5091 specifies certain situations where a court must appoint counsel for an unrepresented defendant:


A.  The court shall appoint an attorney at law to represent the defendant, on the petition or ex parte written motion of the plaintiff, when:

(1)  It has jurisdiction over the person or property of the defendant, or over the status involved, and the defendant is:

(a)  A nonresident or absentee who has not been served with process, either personally or through an agent for the service of process, and who has not waived objection to jurisdiction.

(b)  An unemancipated minor or mental incompetent who has no legal representative, and who may be sued through an attorney at law appointed by the court to represent him.

(c)  Deceased and no succession representative has been appointed.

(2)  The action of proceeding is in rem and:

(a)  The defendant is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession judicially.

(b)  The defendant is a corporation, a limited liability company, or partnership on which process cannot be served for any reason.

(c)  The defendant’s property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office and no successor thereof has qualified, or has left the state permanently without appointing someone to represent him.

Appointment of Counsel: categorical Qualified: yes