How do lawyers decide to take a case?

Asked by: Nathanael Franecki  |  Last update: September 21, 2025
Score: 4.8/5 (43 votes)

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.

How do you know if you have a strong case?

In a good case, there will be liability. Liability means that somebody was responsible for something. For a case to be solid and in your favor, the other party would have to be responsible for your injuries or in other words, at fault.

Will a lawyer take a case they can't win?

When a lawyer evaluates your case, they will walk through everything you tell them, plus they will use medical reports and other documentation to make themselves fully aware of all the facts. If they can't sufficiently prove your case, a personal lawyer may refuse to take it.

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.

What not to tell the attorney?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

Get a Lawyer to Take Your Case: Tips to Be an "A" Client | Washington State Attorney

33 related questions found

Is it wise to tell your lawyer everything?

In conclusion, if you're facing criminal charges, it is important to be honest and open with your attorney about the details of your case. Attorney-client privilege ensures that the information you provide will be kept confidential, and your attorney will work to provide you with the best possible representation.

How do you know if your lawyer is selling you out?

How Can You Tell 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.

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.

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.

Which lawyers get sued the most?

Areas of Practice With the Highest Frequency
  1. Personal Injury and Property Damage – Plaintiff. ...
  2. Collections and Bankruptcy. ...
  3. Real Estate. ...
  4. Estate, Trust and Probate. ...
  5. Family Law. ...
  6. Business Transaction / Commercial Law.

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.

How do you win a lawyer case?

Whether you represent yourself or hire an attorney, there are things you can do to ensure a good result in your case.
  1. Find the Right Court. ...
  2. Litigate for the Right Reasons. ...
  3. Mediate Instead of Litigate. ...
  4. Communicate With Your Attorney. ...
  5. Be Willing to Negotiate. ...
  6. Follow Court Procedures. ...
  7. You'll Need a Good Lawyer.

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.

What makes a case weak?

Lack of evidence

If the prosecutor does not have enough evidence to prove an element of the crime, then that is a strong sign that they have a weak case. If they have no evidence at all to prove an element of the crime, the district attorney should drop the charges.

What is considered a hard case?

A hard case is a legal situation where the facts are complicated and the decision is difficult to make. Sometimes, judges may be tempted to ignore or change the law to make a fair decision. However, this can lead to bad laws being made.

What must be proven to win a case?

Depending on the jurisdiction and type of action , the legal standard to satisfy the burden of proof in U.S. litigation may include, but is not limited to: beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases.

Can I ask my lawyer how much my case is worth?

The simple answer is yes. You can—and should—ask your personal injury attorney how much your case is worth. As an accident victim, you need to know if it is worth putting in the time and effort to pursue a claim, and you need to be able to trust your personal injury lawyer to tell you what you need to know.

Do lawyers drag out cases to get more money?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

What is the hardest thing to prove in court?

Of those four components, causation is often the hardest element to prove in court.

Do lawyers only take cases they can win?

As a result, if the attorney believes they cannot win your case, they generally will not take it. This is because law firms usually put a lot of money and time into taking on a case, and they don't want to waste resources on an unsuccessful claim.

How do you know if a case is being built against you?

If if the state you refer to is in the US, you could try calling the local public defender's office for the county where the charges would likely be filed and see if they could run your name and find out if there's a case and/or a warrant out on you.

Do I tell my lawyer everything?

Talking to Your Attorney About the Case

Different attorneys have different opinions on what they want their clients to tell them about the case. Many criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because attorneys can't defend against what they don't know.

How to tell if your lawyer is working against you?

If you feel that your lawyer is not keeping you informed about your case, is avoiding your calls or emails, or is not providing satisfactory explanations for their actions, it could be a sign that something is wrong. Review Your Case: Educate yourself about the details of your case and the legal proceedings involved.

How can you tell a good lawyer?

How to Know if Your Lawyer is Trustworthy
  1. You Can Verify Their Credentials. Any reputable attorney will be easy to verify. ...
  2. There Are Positive Reviews Online. When people are satisfied with a law firm's service, they often want to tell others. ...
  3. They Have Clear Practice Areas. ...
  4. Discuss Your Case With an Attorney in St.