Walking out of an attorney’s office after being informed the lawyer won’t take your case is disheartening. You’re convinced you have a case and are entitled to compensation, but you can’t find anyone to take on the workload. What is the rationale behind lawyers turning down cases? There must be a good reason. Chances are there’s a very good reason an attorney turns you down, and it’s not because they’re lazy. To help guide you, here are some of the reasons why an attorney may say no to taking your case.
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Whether it’s a personal injury or criminal defense case, sometimes lawyers turn you away. There are multiple reasons why this happens, including the following.
Not all personal injury cases result in financial windfalls. Sometimes the damages are minimal, and this can even apply when lost wages are factored into the damage amount. An unfortunate statistic applies to the elderly, stay-at-home mothers, and young children. These individuals are more likely to have difficulty retaining an attorney. The reason is relatively simple, since these individuals typically cannot claim lost income, their claims amounts tend to be lower than for those holding steady employment.
Attorneys' reasoning is relatively simple; their fees are typically deducted directly from your settlement. If the settlement is too low, attorney fees often eat up a large portion of the claim amount. Sometimes the settlement isn’t enough to cover all of the fees. Now, you’re stuck paying for the attorney’s services out of your pocket. In a sense, the lawyer is looking out for your best interests. However, this doesn’t mean giving up, since you may still be able to find an attorney to take your case. However, be wary of settling for any lawyer willing to take your case. Do some research and look for a reputable attorney with experience.
Attorneys typically specialize in a field—for example, personal injury or criminal defense. If you’re facing assault charges, you probably don’t want an accident attorney representing you in court. Even though the lawyer may have the basics down, they’re not competent enough to go up against a seasoned prosecutor. If your case is turned down due to experience or because it’s outside their field of expertise, ask for referrals. There’s a good chance the attorney is familiar with someone who can handle your case.
However, don’t just take the word of the referring attorney; check the attorney’s references and experience with cases similar to yours. Most importantly, don’t be discouraged. In this situation, it’s better to not work with an attorney who’s unsure of their ability to adequately present your case.
Not every case is strong enough to pursue, regardless of how strongly you feel about it. Most personal injury cases stemming from an auto accident or worker’s compensation claims are relatively easy to prove. You have police reports of vehicle accidents, and chances are your workplace injury is witnessed by your co-workers. Even if your coworkers aren’t around, security cameras can often back up your claims. Sometimes cases lack this type of evidence or may not have any at all. In these types of situations, most attorneys will politely decline to take your case.
An example is if you sustain an injury during an assault. If someone threatens to punch you and then hits you and no one witnesses either action, do you have a personal injury or assault case? The short answer is probably no. Part of proving your case is showing intent or negligence. Without any corroborating witnesses, you only have your testimony, which is often considered hearsay and isn’t admissible in open court.
There are exceptions to the hearsay rule, but these are rare and typically don’t apply in personal injury cases. You can enter hearsay during the penalty phase, but first, you’ll need to prove your case.
Almost all misdemeanors and some felonies are bound by a statute of limitations. This also applies to most personal injury cases. There are some exceptions. For example, if a minor is injured in a car accident the statute of limitations can be extended until their 18th birthday. Since most personal injury cases have a set filing deadline, attorneys will likely turn down your case, which can even happen if the deadline is a few weeks away. Attorneys need time to review your case, collect evidence, and start negotiations with the insurance company.
This takes time, usually longer than a few weeks. If you believe you may be eligible for a deadline extension, talk to an attorney. They may agree with you, and this can mean taking on your case. At the very least, it never hurts to ask. If you’re not sure of the statute of limitations in your state, check with your local government website. You can also reach out to an attorney, they’re familiar with filing deadlines.
Yes, it’s helpful if you and your attorney can get along. If you’re constantly fighting with your lawyer, your case isn’t going anywhere. This may mean missing filing deadlines that can derail your case. Now, you’re losing out on a potential settlement and your attorney is worried about collecting their legal fees. Along with not being able to get along, an attorney may turn down your case if you’re not on the same page. Attorneys and their clients must work closely together throughout the case.
If your goals are different then your attorney’s issues are going to pop up. If this happens, it’s usually best to seek other legal representation. Don’t worry if you and your attorney don’t get along. This happens, and it doesn't mean giving up on your case. Not everyone likes everybody, this is a fact of life.
It's not uncommon to encounter difficulties in finding an attorney willing to take on your case; this is a normal part of the process and should not be a cause for discouragement. Persistence in this endeavor is key, as finding the right attorney who is willing and able to effectively represent your interests can make a significant difference in the outcome of your case. Remember, the right legal representation is out there, and their expertise and commitment can be pivotal in successfully navigating your legal journey.”
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