Facts
The case concerns an appellant who claims a violation of his entitlement to free legal assistance and representation under Art. 117 et seq. CPC and Art. 29 para. 3 Federal Constitution. The Federal Supreme Court must assess whether the requirements for granting free legal assistance are met.
The appellant had previously unsuccessfully applied for free legal assistance with the District Court of Dorneck-Thierstein and the High Court of the Canton of Solothurn.
Considerations
According to Art. 117 CPC, a person is entitled to free legal assistance if they do not have the necessary means (lit. a) and their legal claim does not appear futile (lit. b). Furthermore, there is an entitlement to free legal representation if it is necessary to safeguard the rights (Art. 118 para. 1 lit. c CPC).
The Federal Supreme Court states that the practice it has developed on the concept of futility under Art. 29 para. 3 Federal Constitution is also decisive for the interpretation of Art. 117 lit. b CPC. Accordingly, claims are to be considered futile if the prospects of winning are considerably…