The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation, upon a showing of good cause. Nothing herein shall preclude the appointed attorney from recovering any attorneys’ fees and costs to which the client may be entitled by law. In determining the existence of good cause, the court may consider, but is not limited to, the following factors:
§ 285.4.Appointment of counsel upon withdrawal of legal service agency attorney; Recovery of attorneys’ fees and costs
Title 5. Persons Specially Invested With Ministerial Powers Relating to Courts of Justice · Chapter 1. Attorneys and Counselors at Law · Enacted 1983 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 285.4 lets a court appoint uncompensated substitute counsel for an indigent client after a § 285.2 withdrawal, on a good-cause showing weighed against factors including the claim’s merit, the client’s finances, and available alternatives.
Full Text of § 285.4
(a) The probable merit of the client’s claim.
(b) The client’s financial ability to pay for legal services.
(c) The availability of alternative legal representation.
(d) The need for legal representation to avoid irreparable legal prejudice to the indigent client.
(e) The ability of appointed counsel to effectively represent the indigent client.
(f) Present and recent pro bono work of the appointed attorney, law firm or private law corporation.
(g) The ability of the indigent client to represent himself.
(h) The workload of the appointed attorney.
Plain-English Summary
Once a legal service agency attorney withdraws under § 285.2, someone may still need to step in. § 285.4 lets the court appoint any member of the bar, law firm, or professional law corporation to represent the client without compensation, on a showing of good cause.
The section lists eight factors the court may weigh in deciding good cause: the probable merit of the client’s claim, the client’s financial ability to pay for counsel, the availability of alternative representation, the risk of irreparable prejudice without counsel, the appointed counsel’s ability to represent the client effectively, the attorney’s or firm’s recent pro bono record, the client’s own ability to self-represent, and the appointed attorney’s workload.
Appointment without compensation does not mean the attorney works entirely for free forever — the section preserves the appointed attorney’s ability to recover attorneys’ fees and costs the client is otherwise entitled to under the law.
Frequently Asked Questions
Can a court force an attorney to represent an indigent client for free?
§ 285.4 lets the court appoint a bar member, firm, or professional law corporation to represent the client without compensation, but only on a good-cause showing weighed against the section’s listed factors.
Can an attorney appointed under § 285.4 still recover fees later?
Yes. Appointment without compensation does not bar the attorney from recovering attorneys’ fees and costs the client is otherwise entitled to by law.
What factors does a court weigh before appointing counsel under § 285.4?
Among others: the claim’s probable merit, the client’s finances, available alternative representation, the risk of prejudice, and the prospective attorney’s workload and recent pro bono work.
Amendment History
Added Stats 1983 ch 279 § 3.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 285.4 appointment of counsel indigent clientcourt appoints new attorney after legal aid withdrawspro bono appointment california court