When the court appoints an attorney at law to represent an unrepresented party, it shall appoint an attorney qualified to practice law in this state. The court shall not accept any suggestion as to the name of the attorney to be appointed, unless manifestly in the interest of the unrepresented party.
Art. 5092.Qualifications; Suggestions For Appointment Not Permitted
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 2. Attorney Appointed to Represent Unrepresented Defendants · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5092 requires a court appointing an attorney to represent an unrepresented party to choose someone qualified to practice law in Louisiana, and bars the court from accepting a suggestion on who to appoint unless doing so is manifestly in the unrepresented party's interest.
Full Text of Art. 5092
Plain-English Summary
Article 5092 sets a baseline qualification for every appointment made under this Chapter: the attorney has to be qualified to practice law in Louisiana. That requirement applies regardless of which specific article triggers the appointment, whether it is the general rule in Article 5091, the disavowal-action appointment in Article 5091.1, the adoption curator ad hoc in Article 5091.2, or the worker's compensation appointment in Article 5097.
The article's second sentence addresses a different risk: the appearance, or the reality, that a party interested in the outcome steered the choice of who represents the unrepresented side. The court is not to accept a suggestion for who should be appointed. The one exception is narrow: a suggestion the court may accept only when doing so is manifestly in the unrepresented party's own interest, not the suggesting party's convenience.
Keeping the selection with the court, free of outside suggestion, matters because the appointed attorney is meant to protect the absent or unrepresented party's interests independently. An appointment influenced by the opposing side would undercut the purpose the appointment serves.
Frequently Asked Questions
Does an attorney appointed under this Chapter have to be licensed in Louisiana?
Yes. Article 5092 requires the court to appoint an attorney qualified to practice law in this state.
Can the plaintiff suggest which attorney the court should appoint for an absent defendant?
Generally no. Article 5092 bars the court from accepting a suggestion as to who should be appointed, unless the suggestion is manifestly in the unrepresented party's own interest.
Why does Louisiana restrict suggestions for who gets appointed as counsel?
Because the appointed attorney is supposed to represent the unrepresented party's interests independently, and letting an interested party steer that choice could compromise that independence.
Does Article 5092 apply to every kind of appointment in this Chapter?
Yes. It sets the qualification and no-suggestion rules that apply generally, including to the specialized appointments under Articles 5091.1, 5091.2, and 5097.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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