What is the current state of the law on the right to retain counsel in a civil proceeding?

Beyond that, though, courts have construed the due process right to retain counsel very narrowly. For example, our court has suggested that the right to retain counsel does not require the release of frozen assets so that a civil defendant can hire an attorney or otherwise defend his claim. See CFTC v. Noble Metals Int'l, Inc ., 67 F.3d 766, 775 (9th Cir. 1995). "A district court may ... forbid or limit payment of attorney fees out of frozen assets." Id. (recognizing, however, that a district court must still exercise "discretion").