What to do if a lawyer won't take a case?

Asked by: Mrs. Elyse Carroll II  |  Last update: August 26, 2025
Score: 4.7/5 (34 votes)

What to Do If a Lawyer Won't Take Your Case
  1. 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. ...
  2. Ask for a referral. ...
  3. Ask about alternative types of fee arrangements. ...
  4. Consider small claims court.

What to do when lawyers won't take your case?

Ask for a suggestion of who else to call, or get a referral from the Bar association. If you mean you've gotten appointments for initial consultations, you've laid out your case, and they declined to take it, you need to start listening to what they say when they say why they won't take the case.

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).

What is the most common complaint against a lawyer?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.

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.

What To Do When No Lawyer Wants to Take Your Case

23 related questions found

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 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 should you not say to a lawyer?

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.

How do you know you have a bad lawyer?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

What is it called when a lawyer doesn't do his job?

Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”

Why wouldn't a lawyer take a case?

If a lawyer will not accept your case, ask for an explanation. It could be something as simple as a scheduling conflict. Other reasons include the evidence supporting your case and the statute of limitations for example. Choosing the right law firm and attorney is an important part of your case.

Do lawyers take cases they know they can't win?

They don't take cases they don't feel they can win. This billing method used by most personal injury lawyers is called a contingency fee. As explained by the American Bar Association, this method involves the lawyer and the client entering into a contingent fee agreement at the start of the case.

Can an attorney decline a case?

Reasons Why a Family Law Attorney Might Decline a Case

Attorneys may choose not to accept cases for various reasons, such as: Conflicts of interest. Lack of expertise in specific areas. Ethical considerations.

What if no lawyer will take my case?

Another lawyer may take your case or explain why your case is challenging. If you keep getting turned down, it's time to prepare to represent yourself in civil court or accept that your case isn't worth pursuing.

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.

Do lawyers drag out cases?

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.

How do you know when to fire your lawyer?

The Most Common Reasons Why Clients Fire Their Lawyers
  1. 1) Lack of Communication. ...
  2. 2) Personality Conflicts. ...
  3. 3) Unrealistic Expectations by the Client as to The Value of Their Case. ...
  4. 4) The Lawyer is Not Qualified to Handle the Case Now That it Is “Complicated”

Can a 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.

What is an example of a bad lawyer?

Other signs of an incompetent lawyer include poor communication, missed deadlines, lack of knowledge about relevant laws, unpreparedness in court, and general disorganization in handling cases.

What should you never say in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

How do you tell if you have a good lawyer?

Do not focus solely on case outcomes; read what others say about a firm's conduct. Were they professional, punctual, and supportive? Did they go the extra mile to make the client feel included in the legal process? These reviews can be helpful as you decide whether a law firm deserves your trust.

What are lawyers not allowed to do?

A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials.

What to do if a lawyer won't take your case?

You should certainly contact other attorneys who offer a free consultation. If you don't feel that you are getting a clear answer from law firms rejecting your case, you should consider consulting your local legal aid society, or contact the State Bar Association for a referral to an attorney.

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 to do if your lawyer is ignoring you?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.