Gibson v. Tolbert, 102 S.W.3d 710 (Tex. 2003). · Go Syfert
Gibson v. Tolbert, 102 S.W.3d 710 (Tex. 2003). Cases Citing This Book View Copy Cite
“the mere fact that an indigent inmate brings a cause of action against an employee of the prison . . . does not constitute exceptional circumstances such that it warrants appointed counsel.”
257 citation events (257 in the last 25 years) across 4 distinct courts.
Strongest positive: Luis A. Mendoza v. Brad Livingston (texapp, 2014-02-20) · Strongest negative: $1,608.00 in U.S. Currency and 2008 Mazda, VIN 1YVHP80C385M37457 v. State (texapp, 2015-03-31)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" $1,608.00 in U.S. Currency and 2008 Mazda, VIN 1YVHP80C385M37457 v. State
Tex. App. · 2015 · signal: but see · confidence high
See Turner v. Rogers, 131 S.Ct. 2507 , 2516 (2011); Strickland v. Washington, 466 U.S. 668 , 684–88 (1984); but see Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (discussing right to counsel in certain civil proceedings).
discussed Cited as authority (verbatim quote) Luis A. Mendoza v. Brad Livingston
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
the mere fact that an indigent inmate brings a cause of action against an employee of the prison . . . does not constitute exceptional circumstances such that it warrants appointed counsel.
discussed Cited as authority (verbatim quote) Lonnie Donaldson v. Service Lloyds Insurance Company
Tex. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
e have 'never held that a civil litigant must be represented by counsel in order for a court to carry on its essential, constitutional function.
examined Cited as authority (rule) Richard Luna v. Douglas Scott Tyler, MD and Linda G. Phillips, MD (3×) also: Cited "see"
Tex. App. · 2025 · confidence medium
In re State, 556 S.W.3d 821, 827 (Tex. 2018) (citing Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003)); see generally Harris v. Civil Serv.
discussed Cited as authority (rule) Paula Morris v. City of Midland, Texas (2×)
Tex. App. · 2023 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
cited Cited as authority (rule) D. Andrew Tait v. Pepsico Inc. D/B/A Pepsi Beverage Co., Dr Pepper Snapple Group, and John Peter Smith Hospital
Tex. App. · 2023 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003).
discussed Cited as authority (rule) Ruth Torres v. Unauthorized Practice of Law Committee for the Supreme Court of Texas (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
A trial court has inherent power to appoint counsel in civil cases under exceptional circumstances where “the public and private interests at stake may be such that the administration of justice may best be served by appointing a lawyer to represent an indigent civil litigant.” Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
discussed Cited as authority (rule) Cory Ray Shelby v. Shakka Shaneak James
Tex. App. · 2021 · confidence medium
Although a district court has the inherent authority to appoint counsel to a civil litigant “under exceptional circumstances,” Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003), in the absence of such circumstances, it does not abuse its discretion by refusing to do so.
discussed Cited as authority (rule) Reza Vafaiyan A/K/A Gholamreza Vafaiyan v. State
Tex. App. · 2019 · confidence medium
However, the Texas Supreme Court has “never held that a civil litigant must be represented by counsel in order for a court to carry on its essential, constitutional function.” Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
discussed Cited as authority (rule) Allan W. Majeski v. Frost Bank (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
discussed Cited as authority (rule) Valentin Ayala-Gutierrez v. Chris Strickland
Tex. App. · 2018 · confidence medium
Under Texas law, “[t]he mere fact that an indigent inmate brings a cause of action against an employee of the prison in which the inmate is incarcerated does not constitute exceptional circumstances such 7 that it warrants appointed counsel.” Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003).
cited Cited as authority (rule) In the Interest of E.R.W.
Tex. App. · 2017 · confidence medium
See Tex. Gov’t Code Ann. § 24.016 (West, Westlaw through 2017 R.S.); Gibson v. Tolbert, 102 S.W.3d 710, 711-13 (Tex. 2003). .
cited Cited as authority (rule) Ex Parte N.C.
Tex. App. · 2017 · confidence medium
GOV’T CODE ANN. § 24.016 (West 2004); Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003).
cited Cited as authority (rule) Ex Parte N.C.
Tex. App. · 2017 · confidence medium
GOV’T CODE ANN. § 24.016 (West 2004); Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003).
discussed Cited as authority (rule) Carlos Antonio Raymond v. Martin Joseph Roy and Pizza Ventrue of San Antonio, LLC D/B/A Papa Johns Pizza (2×) also: Cited "see"
Tex. App. · 2017 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
discussed Cited as authority (rule) Two Thousand Nine Hundred Seventy-Seven Dollars ($2,977.00) in United States Currency v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
cited Cited as authority (rule) John M. Donohue v. San Antonio Police Department
Tex. App. · 2016 · confidence medium
Id. (citing Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003)).
discussed Cited as authority (rule) Three Thousand Four Hundred Forty-Five Dollars ($3,445.00) United States Currency v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
examined Cited as authority (rule) in Re Clarence D. Brown (4×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Brown had a statutory right to counsel.” The general rule, as stated by the majority, is that “an indigent litigant does not have a right to have counsel appointed to represent him in a civil case.” See Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003).
discussed Cited as authority (rule) Three Thousand Four Hundred Forty-Five Dollars ($3,445.00) United States Currency v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
discussed Cited as authority (rule) Eddie Anthony Patterson v. T v. Channel 25 Broadcast Station and Its Reporter on March 29, 2010 1909 S New Road, Waco, Texas 76711 (2×)
Tex. App. · 2015 · confidence medium
Travelers Indemnity Co. v. Mayfield, 923 S.W.2d {03681434.DOC / 2} 6 590, 593 (Tex. 1996); Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003)(listing the statutorily created circumstances for required appointment of counsel).
discussed Cited as authority (rule) Robert Samaniego v. the Office of the Attorney General of Texas and Janie L. Hernandez (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
However, while an indigent civil litigant may request the trial court to appoint counsel in cases where such appointment is not statutorily required, see Tex. Gov’t Code § 24.016, such appointment is entirely within the discretion of the trial court, and we review that decision by considering whether the underlying case involved “exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003).
discussed Cited as authority (rule) in the Matter of the Marriage of Stephenie McDaniel and Andrew Stuart McDaniel and in the Interest of A.G.D.M., a Child
Tex. App. · 2015 · confidence medium
GOV’T CODE ANN. § 24.016 (West 2004); Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003) (noting that exceptional circumstances are those which are rare and unusual), a divorce action 1 McDaniel also raises a claim of parental alienation and custodial interference.
cited Cited as authority (rule) Daniel Oriakhi v. GEO Group, Incorporated
5th Cir. · 2014 · confidence medium
See, e.g., Tejada v. Gemale, 363 S.W.3d 699, 701 (Tex.App.-Houston [1st Dist.] 2011, no pet.); Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex.2003). 2 .
cited Cited as authority (rule) Aberegg, Russell D. v. Ceschan, Monica
Tex. App. · 2014 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 711 (Tex. 2003).
examined Cited as authority (rule) in the Interest of R. N. P. and E. A. P. (3×) also: Cited "see"
Tex. App. · 2014 · confidence medium
While an indigent civil litigant may request the trial court to appoint counsel, see Tex. Gov’t Code § 24.016, such appointment is entirely within the discretion of the trial court, see Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003) (we review whether trial court abused discretion in denying motion to appoint counsel by considering whether underlying case involved “exceptional circumstances”).
discussed Cited as authority (rule) David Allan Edwards v. Gerald B. Phillips, M.D. (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem.
discussed Cited as authority (rule) Walter Earl Taylor v. Correctional Medical Services, Inc. and Octavia McCoy
Tex. App. · 2013 · signal: cf. · confidence medium
See Gill v. Russo, 39 S.W.3d 717, 719 (Tex. App.— Houston [1st Dist.] 2001, pet. denied) (“No statute provides for free experts to support an indigent plaintiff’s case.”); Fails v. Basse, No. 07-08-00445-CV, 2010 WL 877537 , at *2 (Tex. App.—Amarillo Mar. 11, 2010, pet. denied) (mem. op.) (stating that federal authority cited by indigent plaintiff seeking appointment of free expert “makes it clear that the appointment of an expert is within the discretion of the trial court” and observing that, even in criminal cases, appointment of expert is not automatic); cf. Gibson v. Tolbert…
examined Cited as authority (rule) Arcade Joseph Comeaux Jr. v. Tdcj-Id (5×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
discussed Cited as authority (rule) In re C.L.S.
Tex. App. · 2012 · confidence medium
Co. v. Mayfield, 923 S.W.2d 590, 594 (Tex.1996)); see Tex. Gov't Code Ann. § 24.016 (West 2009); Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex.2003) (recognizing that various courts of appeals have stated that trial court has discretion to appoint counsel in civil cases in which exceptional circumstances exist, and assuming that such discretionary authority exists); Wigfall v. Tex. Dept, of Criminal Justice, 137 S.W.3d 268, 274 (Tex.App.-Houston [1st Dist.] 2004, no pet.) ("in 'exceptional circumstances,' a trial court could appoint counsel to an indigent civil litigant”).
cited Cited as authority (rule) Aidah Mustapha and Gibrill Mustapha v. HSBC Bank, USA National Association, as Trustee for Wells Fargo Asset Securities Corporation Home Equity Asset-Baked Certificates, Series 2006-3
Tex. App. · 2012 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
cited Cited as authority (rule) Lucky Asemote AKA and BSPA Lucky Pizarro Asemote, Lucky P. Pizarro, Lucky Asemote and L.P. Asemote IND and DBA Pizarro Footwear v. E & R Generation Footwear
Tex. App. · 2011 · confidence medium
Gibson v. Tolbert , 102 S.W.3d 710, 712 (Tex. 2003).
discussed Cited as authority (rule) Philip Franklin Young III v. Community Church of P.K. Lake (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
However, the Texas Supreme Court has “never held that a civil litigant must be represented by counsel in order for a court to carry on its essential, constitutional function.” Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003).
cited Cited as authority (rule) Roy E. Addicks, Jr. v. Nathaniel Quarterman
Tex. App. · 2011 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 711 (Tex. 2003).
cited Cited as authority (rule) Carlos A. Armenta v. TDCJ
Tex. App. · 2010 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 711 (Tex. 2003).
discussed Cited as authority (rule) Bankhead v. Spence (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
As long as his claims against Gibson were meritorious, Tolbert’s indigency should not have prevented him from employing able counsel.” Gibson v. Tolbett, 102 S.W.3d 710, 713 (Tex.2003).
discussed Cited as authority (rule) Damon Bankhead v. David T. Spence, D.D.S. (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
As long as his claims against Gibson were meritorious, Tolbert’s indigency should not have prevented him from employing able counsel.” Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003).
cited Cited as authority (rule) Clifford J. Fairfax 418151 v. Dr. Bobby Smith and Pampa Regional Medical Center
Tex. App. · 2010 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003).
cited Cited as authority (rule) Clifford J. Fairfax 418151 v. Dr. Bobby Smith and Pampa Regional Medical Center
Tex. App. · 2010 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 713 (Tex. 2003).
discussed Cited as authority (rule) Jesus Vela v. Yanira Vela (2×) also: Cited "see"
Tex. App. · 2009 · confidence medium
We review whether the trial court abused its discretion in denying Vela’s motion by considering whether the underlying case involved “exceptional circumstances.” Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003). “[W]hat is ‘exceptional’ is by definition rare and unusual - something not easily identified by a general rule.” Id. at 713 .
cited Cited as authority (rule) John S. Dashtgoli v. Eye Care of Austin, P.A. D/B/A Texan Eye Care Steven J. Dell, M.D. And Jeffery R. Lane, M.D.
Tex. App. · 2008 · confidence medium
Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003). 8 166a(i), the district court’s grant of summary judgment in favor of appellees was not error.
cited Cited as authority (rule) John S. Dashtgoli v. Eye Care of Austin, P.A. D/B/A Texan Eye Care Steven J. Dell, M.D. And Jeffery R. Lane, M.D.
Tex. App. · 2008 · confidence medium
Gibson v. Tolbert , 102 S.W.3d 710, 712 (Tex. 2003).
cited Cited as authority (rule) Dwight Harrison v. Jacqueline Harrison
Tex. App. · 2008 · confidence medium
See Tex. Gov't Code Ann. § 24.016 (Vernon 2004); Gibson v. Tolbert , 102 S.W.3d 710, 712-13 (Tex. 2003).
discussed Cited as authority (rule) James Arnett Roughley v. Texas Department of Criminal Justice-Correctional Institutions Division
Tex. App. · 2007 · signal: cf. · confidence medium
Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002); Archibeque v. N. Tex. State Hosp.-Wichita Falls Campus, 115 S.W.3d 154 , 157 (Tex. App.—Fort Worth 2003, no pet.) . 13: Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004); Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). 14: Tex. Ass’n of Bus., 852 S.W.2d at 446 ; Tex. Dep’t of MHMR v. Lee, 38 S.W.3d 862, 865 (Tex. App.—Fort Worth 2001, pet. denied). 15: See Bossley, 968 S.W.2d at 343 ; Salcedo, 659 S.W.2d at 32-33 ; Lowe, 540 S.W.2d at 299 . 16: Roughley did not at…
cited Cited as authority (rule) Larry Ray Taylor v. Lula M. Taylor
Tex. App. · 2007 · confidence medium
Gibson v. Tolbert , 102 S.W.3d 710, 712 (Tex. 2003); see Tex. Fam.
examined Cited as authority (rule) Charles Sallie v. John Doe (3×)
Tex. App. · 2007 · confidence medium
Gibson v. Tolbert , 102 S.W.3d 710, 712 (Tex. 2003).
discussed Cited as authority (rule) Patrick Earl Conely v. Brackenridge Hospital Cynthia Brinson, M.D. Martha Wear Kelli Ward William Gray Texas Board of Criminal Justice Mark Roth Julito Uy Joella Puenta Theresa Hendrick Julie Pacheco and Gilbert Herrera (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
"Some courts of appeals . . . have concluded that the discretionary boundary of section 24.016 is similar to a court's inherent power to appoint counsel--counsel may be appointed in cases in which exceptional circumstances exist." Gibson v. Tolbert , 102 S.W.3d 710, 712-713 (Tex. 2003).
discussed Cited as authority (rule) Patrick Earl Conely v. Brackenridge Hospital Cynthia Brinson, M.D. Martha Wear Kelli Ward William Gray Texas Board of Criminal Justice Mark Roth Julito Uy Joella Puenta Theresa Hendrick Julie Pacheco and Gilbert Herrera (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
“Some 5 courts of appeals . . . have concluded that the discretionary boundary of section 24.016 is similar to a court’s inherent power to appoint counsel—counsel may be appointed in cases in which exceptional circumstances exist.” Gibson v. Tolbert, 102 S.W.3d 710, 712-713 (Tex. 2003).
cited Cited as authority (rule) Alvin Charles Duncan v. City of Houston
Tex. App. · 2006 · confidence medium
Gibson v. Tolbert , 102 S.W.3d 710, 712 (Tex. 2003); Wigfall v. Tex. Dep’t of Criminal Justice , 137 S.W.3d 268 , 274–75 (Tex. App.—Houston [1st Dist.] 2004, no pet.).
discussed Cited as authority (rule) In Re El Paso Healthcare System, Ltd.
Tex. App. · 2005 · confidence medium
In discussing the scope of the courts’ inherent authority to appoint counsel for civil litigants, the Texas Supreme Court has stated that “under exceptional circumstances, ‘the public and private interests at stake [may be] such that the administration of justice may best be served by appointing a lawyer to represent an indigent civil litigant.’ ” Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex.2003), quoting Travelers Indem.
Retrieving the full opinion text from the archive…
Dr. Louis GIBSON, Petitioner,
v.
James TOLBERT, Respondent
02-0190.
Texas Supreme Court.
Mar 27, 2003.
102 S.W.3d 710
William Rich Thompson, II, Atty. Gen., Austin, John Cornyn, Washington, DC, Howard G. Baldwin, First Asst. Atty. Gen., Michael T. McCaul, Executive Asst. Atty. Gen., Julie Caruthers Parsley, Office of the Solicitor Gen., Ralph C. Longmire, Office of the Atty. Gen., Austin, for Petitioner., James Tolbert, pro se.
Enoch.
Cited by 147 opinions  |  Published
Justice ENOCH

delivered the opinion of the Court.

James Tolbert is an indigent inmate who filed a pro se medical malpractice claim against Dr. Louis Gibson, a prison doctor who provided medical services to Tolbert. Tolbert asked the trial court to appoint counsel. The motion was never granted, and the trial court later dismissed the case. Tolbert appealed only the denial of appointed counsel. The court of appeals reversed the dismissal, holding that Tol-bert’s civil suit was an “exceptional case” requiring appointed counsel. [1] Without hearing oral argument, [2] we reverse the court of appeals’ judgment and hold that an indigent inmate does not have a right to appointed counsel in a civil case merely because the inmate’s suit is against an employee of the prison in which the inmate is incarcerated.

I

Tolbert suffers from severe back problems. To accommodate his physical limitations, he was initially assigned only to light work duty at the prison. After this initial physical assessment and light work assignment, Gibson arrived at the prison as its medical director. He examined Tolbert and reassigned him to farm detail. Tol-bert avers that he suffered debilitating physical pain from the hard labor this new assignment required. A physician’s assistant working at the prison finally referred Tolbert to a back specialist, who removed Tolbert from hard labor and returned him to light work duty. Gibson, however, disregarded the specialist's diagnosis and placed Tolbert on farm detail yet again. Alleging that he had been injured by Gibson’s actions disregarding his physical condition, Tolbert filed a pro se medical malpractice suit against Gibson in July 1999.

Tolbert prosecuted his case with some success, filing the petition and serving discovery requests. At some point in the litigation, however, Gibson moved to dismiss the cause for, among other things,[*712] Tolbert’s failure to file an expert report under the Medical Liability and Insurance Improvement Act. [3] Tolbert requested the trial court to appoint counsel, and also requested a thirty-day extension to file an expert report. The trial court explicitly granted Tolbert’s motion for extension of time, giving him an additional thirty days from the date of the order. But the trial court did not explicitly rule on the motion for appointed counsel, merely including in the order the general statement that any relief not granted was denied. The trial court ultimately dismissed the cause in March 2000, because Tolbert did not submit his expert report within the time period set by the court.

Tolbert appealed, and the court of appeals reversed, holding that the fact that Tolbert was suing an employee of the very facility in which he was incarcerated constituted exceptional circumstances warranting appointed counsel. [4] Gibson now brings the appeal to this Court.

II

The question is whether the trial judge in this civil case abused his discretion when he failed to appoint counsel to represent Tolbert. To answer that question, we note that Texas has statutorily provided for appointed counsel in juvenile delinquency cases, [5] in parental termination cases, [6] and in cases in which application for court-ordered mental health services has been made. [7] The Texas Legislature has also provided for at least the possibility of appointed counsel in other civil matters by conferring upon a district court judge the discretion to “appoint counsel to attend to the cause of a party who makes an affidavit that he is too poor to employ counsel to attend to the cause.” [8]

Regarding medical malpractice actions, the Legislature has not expressly required appointed counsel for indigent plaintiffs, though it has imposed unique procedural hurdles for a plaintiff to clear, such as requiring the plaintiff to provide an expert report. [9] Appointment of counsel in these types of cases, then, is left to the discretion of the district courts under Texas Government Code section 24.016.

Historically, we have “never held that a civil litigant must be represented by counsel in order for a court to carry on its essential, constitutional function.” [10] But we have suggested, in the context of discussing the courts’ inherent power to appoint counsel in civil cases, that under exceptional circumstances, “the public and private interests at stake [may be] such that the administration of justice may best be served by appointing a lawyer to represent an indigent civil litigant.” [11] In any event, we have not addressed any limits to the courts’ discretionary authority to appoint counsel, [12] or “the reach of [section 24.016].” [13] Some courts of appeals, including the court below, have concluded that the discretionary boundary of section 24.016 is similar to a court’s inherent pow[*713] er to appoint counsel—counsel may be appointed in cases in which exceptional circumstances exist. [14]

Along this line, the parties in this case assume in their briefing that the trial court’s discretion to appoint counsel in a civil case is bounded by exceptional circumstances. That is to say, the parties argue over whether Tolbert’s circumstances are exceptional, thus entitling him to appointed counsel. Without expressly concluding that this assumption is correct, we decide whether the trial court’s failure to appoint counsel was an abuse of its discretion in the light of whether Tolbert’s circumstances are exceptional.

Ill

Until this case, no court of appeals has attempted to positively define the meaning of exceptional circumstances. And while several courts of appeals have considered whether exceptional circumstances existed in a particular case, none, until this case, have concluded that exceptional circumstances, in fact, existed. Rather, they have uniformly determined that the particular cases before them were not exceptional. [15]

Beyond what we stated in Travelers Indemnity Co. v. Mayfield, [16] we also have never addressed what “exceptional circumstances” warranting appointed counsel might be. That may simply be because what is “exceptional” is by definition rare and unusual—something not easily identified by a general rule. Only by evaluating the unique circumstances of a given civil case could a court ever determine that it has no reasonable alternative but to appoint counsel. In short, it is easier to determine what is not exceptional than to pronounce a general proposition on what would be exceptional.

This case is an obvious example. Inmate suits against prison personnel, rather than rare and unusual, are common. In fact, the Legislature enacted laws in an effort to curb this particular area of litigation excess. [17] The mere fact that an indigent inmate brings a cause of action against an employee of the prison in which the inmate is incarcerated does not constitute exceptional circumstances such that it warrants appointed counsel. Furthermore, plaintiffs in medical malpractice cases are routinely represented by counsel on contingent fee contracts. As long as his claims against Gibson were meritorious, Tolbert’s indigency should not have prevented him from employing able counsel.

•The trial judge did not abuse his discretion by failing to appoint counsel for Tol-bert. Accordingly, we reverse the court of appeals’ judgment. And because the only issue before the Court is whether Tolbert was entitled as a matter of law to appointed counsel, we remand to the trial court to dismiss Tolbert’s action with prejudice.

3

. Tex.Rev.Civ. Stat. art. 4590i, § 13.01(d) & (e).

5

. See Tex. Fam.Code § 51.10.

6

. See id. § 107.013.

7

. See Tex. Health & Safety Code § 574.003.

8

. Tex. Gov’t Code § 24.016.

9

. See generally Tex.Rev.Civ. Stat. art. 4590i.

10

. Travelers Indem. Co. v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996).

14

. 67 S.W.3d at 372; Knie v. Piskun, 23 S.W.3d 455, 461 (Tex.App.-Amarillo 2000, pet. denied); Pedraza v. Crossroads Sec. Sys., 960 S.W.2d 339, 341 (Tex.App.-Corpus Christi 1997, no pet.); Coleman v. Lynaugh, 934 S.W.2d 837, 839 (Tex.App.-Houston [1st Dist.] 1996, no writ).

15

. See, e.g., Spigener v. Wallis, 80 S.W.3d 174, 183 (Tex.App.-Waco 2002, no pet.); Hall v. Treon, 39 S.W.3d 722, 724 (Tex.App.-Beaumont 2001, no pet.); Pedraza, 960 S.W.2d at 341; Coleman, 934 S.W.2d at 839.

17

. See Tex. Civ. Prac. & Rem.Code ch. 14.