27.0904 Authorized representation in a fee-generating case.

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Other adequate representation is deemed to be unavailable when:

(a) The director has determined the case or matter involves restitution pursuant to ASCA 22.1501 et seq., 27.0405, 27.-0701 et seq. and any other restitution provision pursuant to law involving the director.

(b) The director has determined referral is impossible because:

(1) The case has been rejected by two private attorneys; or

(2) The case is the type of case that attorneys have regularly rejected following a referral; or

(3) Emergency circumstances compel immediate action before referral can be made, but the consumer is advised that if appropriate, and consistent with professional responsibility, referral will be attempted at a later time, or

(c) Recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief, or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counter-claims.

History: 5-85, eff 30 Dec 85.