Questione giuridica chiave
Whether the cantonal court lawfully refused free legal aid and counsel because the appeal lacked prospects of success.
Decisione estratta
Yes. The appeal was clearly unfounded, because the relevant standard-workforce threshold likely had to be assessed under the new law, and the applicant did not show a timely partition request.
Motivazione estratta
A claim is hopeless when the chances of success are clearly lower than the risk of failure. Since the declaration request was filed in July 2009 and no partition request was shown, the court could assume the new threshold of one standard workforce applied; on the applicant's own figures the farm still did not meet it.