Why would an attorney refuse a case?
Asked by: Beaulah Harber | Last update: July 9, 2025Score: 4.8/5 (29 votes)
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.
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 to do if a lawyer won't take a 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.
10 Reasons Why an Attorney Will Decline Your Case
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.
Do lawyers take cases 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.
Why would a lawyer refuse to represent you?
Attorneys have a strict code of ethics that governs their professional conduct. In addition, a lawyer could have a personal conflict of interest that would prohibit them from accepting your case. If the at-fault party in your case was or is represented by the lawyer you initially selected, they cannot represent you.
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.
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.
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.
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.
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.
Can an attorney deny a case?
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.
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.
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 to do when your attorney drops your case?
If your attorney files a motion to withdraw from your case, it is essential to take prompt action. You may choose to oppose the motion and explain why you believe your lawyer should continue representing you. Alternatively, you can agree to their withdrawal and seek new legal counsel.
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.
Do lawyers want to know if their client is guilty?
The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case.
How to tell if your lawyer is cheating you on a settlement?
Settlement Amount Discrepancies
Always ask for a copy of the check and the settlement breakdown. Ensure every number matches the agreement you had with your lawyer. Verify the final amount against the initial negotiation. Ask for a detailed explanation for any differences.
How long does it take for a lawyer to withdraw from a case?
The rule requires that a motion to withdraw be filed and served on the client and other parties of record. The court's approval will not be granted until client and counsel for other parties consent in writing or 14 days pass after service of the motion.
Why do lawyers turn down cases?
Reasons Why an Attorney Might Decline a Case
Sometimes, an attorney knows that the case is invalid or is unwinnable. Some tort cases are disqualified because of time limits, deadlines, and other procedural requirements. Attorneys will decline other claims because of the unique facts of the situation.
What is the most common complaint against a lawyer?
- Neglect.
- Lack of communication.
- Misrepresentation or dishonesty.
- Scope of representation.
- Fee disputes.
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.
How do lawyers choose cases?
They consider whether your case has legal merit, the costs involved, and the likelihood of a successful outcome. Initial consultations help attorneys assess the details and determine if they can provide effective representation.