Can't afford a lawyer? Where free legal help comes from

The short answer

In a criminal case, the U.S. Supreme Court said in Gideon v. Wainwright that a person “too poor to hire a lawyer” cannot be assured a fair trial “unless counsel is provided for him,” and a person who cannot pay may not be sentenced to prison unless a lawyer was provided. In civil cases the Court presumes a right to a free lawyer only when the person could lose their physical liberty, so help usually comes from elsewhere: legal aid offices, volunteer lawyers, law school clinics and court self-help centers. The law also lets you represent yourself.

This page is general information about where legal help comes from. It is not legal advice about your case.

Free and low-cost legal help in short

  • Criminal case: a person who cannot pay may not be sentenced to prison unless a lawyer was provided, “even where the crime is petty and the prison term brief” (Lassiter, 452 U.S. at 25, describing Argersinger v. Hamlin).
  • Civil case: Lassiter describes a presumption that a person who cannot pay has a right to an appointed lawyer only when, if they lose, they may lose their physical liberty. Some states provide lawyers in more kinds of cases by their own laws.
  • Legal aid: the Legal Services Corporation funds 129 nonprofit legal aid organizations (as its website said in October 2026), with an office finder on that website.
  • Volunteer lawyers: ABA Free Legal Answers lets people who qualify post a civil legal question online for a volunteer lawyer to answer, in the states that take part.
  • Yourself: in federal court, the parties “may plead and conduct their own cases personally,” under 28 U.S.C. § 1654. State courts set their own rules.

Do I get a free lawyer in a criminal case?

If you cannot pay, you may not be sentenced to prison unless a lawyer was provided. In Gideon v. Wainwright, 372 U.S. 335, 344 (1963), the Court said that “in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” In Lassiter, 452 U.S. at 25, the Court described Argersinger v. Hamlin as holding that counsel must be provided before any person who cannot pay “may be sentenced to prison, even where the crime is petty and the prison term brief.”

How the court decides that you cannot pay, and who the appointed lawyer is (often a public defender), are set by each state and by the federal courts. The court’s website or clerk’s office can explain how the request is made.

Do I get a free lawyer in a civil case?

Usually not by right; the starting point is a presumption against it. In Lassiter v. Department of Social Services, 452 U.S. 18, 26–27 (1981), the Court drew from its earlier decisions “the presumption that an indigent litigant has a right to appointed counsel only when, if he loses, he may be deprived of his physical liberty.” In most lawsuits over money, housing, debts or benefits, losing does not put physical liberty at risk, so the presumption runs against a court-appointed lawyer unless a law provides one. Some states provide lawyers by statute in certain civil cases; Lassiter, 452 U.S. at 34, noted that 33 states and the District of Columbia did so in parental-rights termination cases in 1981. Which civil cases come with a lawyer depends on each state’s law.

Where can I get free legal help?

Most of these are free; bar referral services may charge a fee. Each has its own rules about who it can help.

  • Legal aid. The Legal Services Corporation (LSC), set up by Congress in 1974, funds 129 independent nonprofit legal aid organizations in every state, the District of Columbia and the U.S. territories. Its Get Legal Help page finds the one near you from an address. LSC’s rule says each office’s income ceiling for help paid with LSC money may not exceed 125% of the federal poverty guidelines, and allows exceptions above it, some up to 200% and some with no set percentage (45 C.F.R. §§ 1611.3(c), 1611.5). Offices can also use other money to help people outside those limits (45 C.F.R. § 1611.4(a)).
  • Volunteer lawyers online. ABA Free Legal Answers, a project of the American Bar Association’s Standing Committee on Pro Bono and Public Service, is a virtual legal clinic where people who qualify, in the states that take part, can post a civil legal question for a volunteer lawyer.
  • Law school clinics. Many law schools run clinics where students, supervised by lawyers, take cases for free. Many law school websites describe their clinics and how to apply.
  • Court self-help centers. Many courts run a self-help center or a self-help page with forms and instructions. Many state court websites list them.
  • Bar association programs. State and local bar associations run pro bono programs and lawyer referral services. Some referral services charge a fee for the first meeting.

Can a lawyer help with only part of my case?

Sometimes. Some lawyers offer limited-scope help, also called unbundled help: they review a paper you wrote, coach you for one hearing, or draft one document, for a fee that covers only that part. Whether it is allowed, and what the lawyer must put in writing, depends on your state’s rules for lawyers and its court rules. Some states require those limits to be put in writing.

What if I have to represent myself?

You can. In federal court, 28 U.S.C. § 1654 says the parties “may plead and conduct their own cases personally or by counsel,” as the rules of each court permit. State courts have their own rules. Courts generally hold people who represent themselves to the same rules and deadlines.

  1. Find your deadline first. A missed deadline can end a case before anyone reads it. If you need more time, see asking for an extension of time.
  2. Read your court’s rules. The rules of procedure and the court’s own rules set the format, the page limits and how papers are filed and served.
  3. Read the law yourself. Read the statute and the cases, not a summary of them. Our law library is free to read: court pages, constitutions and statutes are open to anyone, and a free account shows every search result, full opinions and whole court rules, within a daily lookup limit.
  4. Keep copies of everything. Every paper you file, every paper you get, and every date.

Our guide to representing yourself in court goes through these steps in more detail, and the glossary explains the words courts use.

Where does software fit when you can’t afford a lawyer?

Software is not a lawyer, and it cannot appear for you. It can help with the paperwork when you are the one doing the case.

Legal Ops Depot is AI litigation software and a law library. The software builds court filings at your direction, to the rules of your court, and checks every citation against the reported decision. You decide what to file and say. You review the filing, sign it and file it yourself. Prices are shown up front in the catalog, before you order.

Court filings and the law librarySee prices in the catalog· every citation checked · law library free to read

Legal Ops Depot is not a law firm. It does not represent you, does not appear in court, and does not file or serve anything for you. Nothing here is legal advice, and no one can promise a result.

More questions about legal help when you can’t afford a lawyer

Will the court give me a free lawyer?

A person who cannot pay may not be sentenced to prison in a criminal case unless a lawyer was provided (Lassiter, 452 U.S. at 25, describing Argersinger). In most civil cases, the presumption runs against an appointed lawyer unless you could lose your physical liberty (Lassiter), though some state laws provide one.

Who qualifies for legal aid?

Each legal aid office sets its own rules. For help paid with Legal Services Corporation money, each office’s income ceiling may not exceed 125% of the federal poverty guidelines, with some exceptions above it (45 C.F.R. §§ 1611.3(c), 1611.5). The office near you can tell you its limits.

Can I represent myself in court?

Yes. In federal court, 28 U.S.C. § 1654 lets the parties conduct their own cases personally. State courts set their own rules. Courts generally hold people who represent themselves to the same rules and deadlines.

Is this page legal advice?

No. It is general information about where legal help comes from, with its sources. For advice about your own case, ask a lawyer, a legal aid office or a clinic.

Official resources for free legal help

Everything below is free and comes from the source.

Legal aid

Volunteer lawyers

Representing yourself

Cases, statutes and rules cited on this page

Gideon v. Wainwright, 372 U.S. 335 (1963) · Lassiter v. Department of Social Services, 452 U.S. 18 (1981) · 28 U.S.C. § 1654 · 45 C.F.R. § 1611.3 · 45 C.F.R. § 1611.4 · 45 C.F.R. § 1611.5

Representing yourself in court · How do I file a motion in court? · What is a Section 1983 lawsuit? · The law library

Not a law firm. Not legal advice. You remain the filer. Legal Ops Depot is AI litigation software. It builds court papers at your direction from the rules of your court and the case law it finds, including the law against you. It does not represent you and makes no promise or prediction about any result. You review, sign, file and serve the papers yourself, and you are responsible for what you file.