Do lawyers have to take certain cases?
Asked by: Keyshawn Dietrich | Last update: January 5, 2026Score: 4.7/5 (31 votes)
Although lawyers may want nothing more than to sign up every person who walks through their door, the truth is that these attorneys do not accept every case that comes their way. In reality, there are several reasons why a law firm may decide not to take on a legal matter.
Do lawyers have to take every case?
Attorneys Do Not Take Every Case Presented to Them
Some people think that an attorney takes on every case presented to them. This is a misunderstanding of how the legal field works. There are specific reasons why an attorney may refuse to take on any case, including personal injury cases.
Can lawyers choose not to take a case?
Yes -- a lawyer may, generally speaking, refuse to represent a client for any reason they choose (or no reason at all), even (in most jurisdictions) reasons that would be otherwise illegal for someone providing a public service to refuse for (such as racial, ethnic, religious, gender, or other reasons).
Why would an attorney not take a case?
Attorneys may refuse a case for various reasons, including conflicts of interest, ethical concerns, workload constraints, or if they believe the case lacks legal merit. Each case is evaluated individually to ensure ethical and professional standards are upheld.
How do lawyers decide to take a case?
A lawyer's decision to take on a case involves multiple factors, from the strength of your legal claim to the potential financial outcome. They consider whether your case has legal merit, the costs involved, and the likelihood of a successful outcome.
Day in the Life of a Corporate Lawyer [The HONEST TRUTH]
How do you know if a lawyer will take your case?
Factors Lawyers Consider Before Taking a Case
Legal Merit: A lawyer will first assess the legal merit of your case. This involves evaluating the evidence and determining if the law supports your claims in the lawsuit. A case with strong legal foundations stands a better chance of being accepted.
Which lawyer wins most cases?
Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.
Do lawyers take cases they know they'll lose?
If an attorney thinks they will lose based on your liability, they may turn you down. If many attorneys continue refusing to take your case, you should keep looking. It might not be a lost cause and you might be able to find a lawyer willing to take your lawsuit to court.
What is it called when a lawyer doesn't charge you?
A contingency fee lawyer doesn't charge upfront, taking a fixed percentage of the settlement money they win for their client. A pro bono attorney is a good choice if you're indigent or financially needy and going through a civil case like a divorce.
Will a lawyer take a case without evidence?
Criminal Defense Attorneys Who Will FIGHT to Defend You
If there's no evidence, they can argue the charge lacks probable cause, aiming to have the case dismissed early.
Can your lawyer turn against you?
The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.
How do you know if your lawyer is selling you out?
- They Regularly Miss Deadlines and Appointments. ...
- They Show a Lack of Interest in Your Case. ...
- They Are Pushing You Too Quickly or Forcefully to Settle. ...
- They Fail to Return or Answer Your Calls. ...
- They're not Transparent in Billing and Payment Practices.
Does it look bad if your lawyer withdraws from your case?
Lawyers withdraw from cases all the time, and it usually does not impact the judge's perception of the client unless the client has had multiple changes in legal counsel with attorneys that have a good reputation with the court.
How do lawyers feel when they lose a case?
Failure to secure a favorable outcome for their client may trigger feelings of self-doubt, loss of self-esteem, depression, and anxiety.
Why do lawyers drag out cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
What is a reasonable attorney fee?
COURT AWARDED ATTORNEY'S FEES - WHAT IS 'REASONABLE'?
THE DISCRETION OF THE COURTS IN DETERMINING THE PROPER AMOUNT OF A FEE AWARD IS FOUND NOT TO BE UNLIMITED IN EITHER CONTEXT. IN BOTH CONTEXTS, A REASONABLE FEE IS ONE THAT AWARDS THE ATTORNEY THE MARKET VALUE OF THE TIME AND EFFORT JUSTIFIABLY EXPENDED.
Can you sue a lawyer for not doing anything?
If your lawyer is not doing his job, you may be able to sue him for malpractice.
How long does it take for a lawyer to review a case?
In some cases, your lawyer may have a good reason why it took 4-6 weeks to evaluate your case and give you a decision whether he will accept it. If your lawyer takes more than 6 weeks to evaluate your case, you need to find out why. Begin by asking for a meeting or phone conference with your lawyer.
What to do when no lawyer will take your case?
- Don't give up right away—get a second opinion. Getting rejected by one personal injury lawyer doesn't necessarily mean that no lawyer will take your case. ...
- Ask for a referral. ...
- Ask about alternative types of fee arrangements. ...
- Consider small claims court.
Do lawyers get paid for losing a case?
Losing the Case
If a lawyer working on a contingency basis loses the case, they typically do not receive any payment for their work. This risk is inherent in the contingency fee model and is why lawyers carefully evaluate the merits of the case before taking it on.
Is losing a case bad for a lawyer?
Former jurors on a case I lost have come to me as clients. Opponents who prevailed against me have later come to me when their next case surfaced because they recognized who the better attorney was. Don't think the loss is a loss. It is a learning experience and can produce great benefits, including future cash flow.
What are the hardest cases to win?
A: Crimes against minors, white collar crimes, and first-degree murder are sometimes the hardest cases to defend.
Which lawyers get sued the most?
- Personal Injury and Property Damage – Plaintiff. ...
- Collections and Bankruptcy. ...
- Real Estate. ...
- Estate, Trust and Probate. ...
- Family Law. ...
- Business Transaction / Commercial Law.
How much does a lawyer win per case?
Typically, this is around one-third of the settlement amount. A $100,000 settlement for serious car accident injuries, for example, could mean a $33,333 payment to the lawyer and a $66,667 payment (minus costs) for the plaintiff.