Why would a lawyer deny your case?

Asked by: Jeremy Braun  |  Last update: March 20, 2025
Score: 4.8/5 (67 votes)

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.

Why would a lawyer decline a case?

A lawyer would likely refuse a case if there's a conflict of interest, lack of expertise, inability to establish trust with the client, or if the case is frivolous or lacks merit. However, the reasons why they can refuse are much more extensive.

Can a lawyer choose not to take a case?

Yes, a lawyer can refuse to take on a case without giving a reason. There is no ethical duty to explain to a prospective client why the lawyer chooses to decline the case. In some situations, the lawyer is even ethically precluded from giving a reason.

What factors might cause a lawyer to decline representation?

Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.

What does it mean when a case is declined?

In some cases, the district attorney's office may decide not to proceed with a case against a suspect. The district attorney's office may decline to prosecute or “reject” a case if there is insufficient evidence or if more investigation is required.

10 Reasons Why an Attorney Will Decline Your Case

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What happens when a case is refused?

If it's rejected for further investigation, it's not completely dismissed, and a case could be brought back up again. Likely, what happened was that the investigator, the detective, or the police met with the prosecutor.

How do you know if your case is dropped?

If your case has been rejected, you might get a letter from the prosecutor's office letting you know that no charges have been filed or you might find out your case has been dropped at your first court date. But a dropped case doesn't necessarily stay dropped forever.

Can a lawyer drop your case without telling you?

Lawyers are ethically bound to inform their clients in writing if they intend to withdraw from the case. They must inform you of any upcoming statutes of limitations which might need to be protected (if a lawsuit has not yet been filed or served) as well as other court-mandated deadlines or filing requirements.

Why would a lawyer not want to represent you?

Lawyers are people too, and if a client or case conflicts with the lawyer's personal feelings (or, in some cases, inspires too much empathy or sympathy) in a way that would compromise the lawyer's ability to provide proper representation, the lawyer cannot take the case.

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.

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 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.

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.

Can a lawyer drop a client for being guilty?

Lawyers can refuse to defend someone for a variety of reasons, they are not likely to do so based on whether they are guilty or not guilty.

Can a lawyer deny you?

Lawyers have the right to choose which cases they want to take on, and which cases they don't. If a lawyer declines their services, there are typically clear reasons for them to do so.

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 not to tell your 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.

Why would an attorney refuse a case?

A conflict of interest could arise if an attorney has previously represented an opposing party or if the new case could somehow compromise their duties to an existing client. To maintain ethical standards and protect the interests of all clients, an attorney may decline to take on a case where a conflict exists.

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.

Can lawyers decline cases?

Attorneys may be reluctant to accept cases relying on excessive speculation or “he said, she said” accounts. These cases require a high burden of investigation just to determine whether a claim can be filed. A case that seems too speculative will likely be rejected.

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.

Is it normal to not hear from your lawyer?

At certain points, there may be weeks or months when your attorney is researching and writing or responding to a motion, preparing or responding to discovery requests, or preparing for depositions, and you may not hear any updates from your attorney. The lack of updates does not indicate a lapse in care for your case.

Which of the following reasons may cause a case to be dismissed?

What Are Common Reasons for a Case Dismissed?
  • The statute of limitations has expired.
  • The defendant's constitutional right to a speedy trial has been violated.
  • Prosecutorial misconduct. ...
  • Witnesses are uncooperative or the victim recants.
  • Scientific analysis, such as DNA test results, reveals new information.

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.

How often do cases get dismissed?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too. Of course, there's no way to know for sure. That's why you need to depend on a strong and experienced San Marcos, TX criminal defense attorney.