Will a lawyer take a case they know they can't win?
Asked by: Wava Kunze PhD | Last update: February 10, 2026Score: 4.8/5 (30 votes)
Yes, lawyers sometimes take cases they know are difficult or have a low chance of winning, but it depends on factors like potential compensation (especially with contingency fees), ethical duty for zealous representation, the definition of "winning," and the specific reasons for the perceived weakness. While many attorneys avoid cases with weak evidence or low potential returns to protect their time and reputation, others, particularly those who value taking tough fights or can define a win beyond monetary damages (like avoiding jail time), might accept them.
Do lawyers take cases they don't think they can win?
Winning Isn't Guaranteed: Attorneys may take a case even when a courtroom victory is uncertain, focusing on achieving the best possible outcome for the client.
What is the most popular reason that cases get dismissed?
The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What's the most a lawyer can take from a settlement?
A lawyer typically takes 33% to 40% of a personal injury settlement on a contingency basis, but this can increase to 40% or higher if the case goes to trial, with state laws, case complexity, and experience affecting the percentage. The percentage is outlined in the fee agreement, and sometimes costs like expert witnesses or medical records are deducted before or after the lawyer's fee is calculated, impacting the final take-home amount.
Do lawyers take cases they can’t win?
How much of a 30K settlement will I get?
From a $30,000 settlement, you'll likely receive significantly less, with amounts depending on attorney fees (often 33-40%), outstanding medical bills (paid from the settlement), case expenses, and potentially taxes, with a realistic take-home amount often falling into the thousands or tens of thousands after these deductions are covered, requiring a breakdown by your attorney.
Do lawyers get paid if they lose a case?
In reality, many attorneys do not get paid if they lose a case. If your lawyer is working on a contingency fee, they only get paid if they recover money for you. That means you can focus on your recovery without worrying about paying legal fees up front.
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
Who pays court costs if a case is dismissed?
Generally when a case is dismissed cost to Defendant it is pursuant to some agreement between the Defendant and the prosecutor and the Defendant would sign off agreeing to the court costs. If the prosecution unilaterally dismissed, the costs should be assessed to the State.
Why do most cases never go to court?
In reality, most civil cases never go to trial—they're settled long before reaching that stage. While a trial can sometimes lead to higher compensation, it also comes with risks, costs, and delays. That's why many individuals, businesses, and insurance companies prefer to resolve disputes out of court.
What reasons cause charges to be dropped?
Criminal charges get dropped due to insufficient evidence (not enough to prove guilt beyond a reasonable doubt), constitutional violations (illegal searches, lack of probable cause), key witness issues (unavailability, unreliability), procedural errors (mishandled evidence, incorrect filing), lack of prosecutorial resources, or new evidence emerging that helps the defense. Prosecutors also use discretion to drop minor charges, especially for first-time offenders, to focus on more serious cases.
What makes you look better in court?
Dress Neatly and Make Sure Your Clothes Fit
The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.
What is the hardest question to ask a lawyer?
The hardest questions for a lawyer aren't about legal facts, but about deeply personal situations, like "How can I protect my children from abusive relatives if something happens to me?" or asking for a brutally honest "What is the likely worst-case outcome for my case, and what are my real chances of winning?", pushing beyond generic advice to uncover hidden challenges, their true battlefield experience, and if they're just sugarcoating the difficult realities of your specific legal problem.
Why will no lawyer take my case?
Even if the deadline hasn't passed yet, an attorney may still decline your case if there isn't enough time to build a strong legal argument. Not all law firms have the resources to handle your case. Some firms lack the expertise or capacity to take on complex or large-scale litigation.
Who is more powerful than a lawyer?
Advocates typically have more power in legal proceedings because they can argue cases in court, whereas lawyers without bar registration cannot.
What percent do lawyers get when they win a case?
Most personal injury attorneys work on a contingency fee basis, typically taking 33–40% of the settlement. The percentage may vary based on the complexity and demands of the case. Contingency fees usually cover case-related expenses, such as court costs and expert witness fees.
What is the hardest case for a lawyer?
A: Crimes against minors, white collar crimes, and first-degree murder are sometimes the hardest cases to defend. Due to the intricacy of the evidence, emotional prejudice, public opinion, and the seriousness of the possible penalties, these cases pose substantial obstacles.
Is it better to settle or go to trial?
Neither settling nor going to trial is inherently better; the best choice depends on your case's strength, risk tolerance, financial needs, and goals, with settlements offering certainty, speed, and lower stress but potentially less money, while trials offer the chance for higher rewards but carry significant risk, cost, and time investment. Settling provides faster, guaranteed funds and privacy, ideal if you need quick cash or want to avoid stress, whereas trial favors strong cases with clear evidence, aiming for full compensation and public accountability, but risks total loss.
What percent of court cases get dismissed?
Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases.
Who is the most important person in the courtroom?
The judge is the central figure in the courtroom and typically is seated higher than everyone else.
What happens if someone sues you and they lose?
If you are being sued, you are the defendant. Losing your case may mean having to pay for the injuries and damage you caused. The court can impose a money judgment.
How much of a 50K settlement will I get?
From a $50,000 settlement, you might take home $20,000 to $30,000, but it varies greatly due to lawyer fees (typically 30-40%), case expenses, and outstanding medical liens or bills that get paid first from the total. Expect deductions for attorney fees and costs, plus any medical providers to get paid before you receive your net amount.
Do I have to pay legal costs if I lose?
Even if you don't have a solicitor to help you, you may have to pay for the other side's solicitor if you lose your case. If they win their case, litigants in person can ask the loser to pay for the time they have spent preparing the case. This guide explains those rules, and how to keep your legal costs to a minimum.