How Do Lawyers Decide to Take a Case | Tips You Don’t Know Before
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Deciding to take a case is one of the challenging situations for a lawyer or law firm. To judge the nature of the case is one of the important elements to proceed with the case. While adopting any case, this factor must not be overlooked. The wise and clever lawyers also take note of all the aspects of any case. They check the case whether they will win or not. Mostly, lawyers take such cases that they are certain to win. They know that those cases will only waste their time and money that is not of their interest. Due to many reasons, understanding “how do lawyers decide to take a case?” is an important step before filing a case.
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You may know that the plaintiffs and the lawyers also spend a lot of money to process any case in court. So, taking a case that doesn’t suit their interest will waste their precious time and money. That’s why knowing the process of adopting a case is beneficial for both the lawyer and the client.
However, to resolve this query, one will have to dig into the law industry thoroughly. This will need a lot of time and effort. To make your search easy, we’ve done this job for you. After deep research, we’ve proposed a brief guide consisting of all the facts and figures about the query under discussion. Let’s explore this guide to resolve this query.
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How Do Lawyers Decide to Take a Case?
Here are different steps that a lawyer will take before adopting a case.
Telephonic contact with the Client
The foremost thing that lawyers do to decide whether to take a case is a telephonic call with the relevant client. Some firms thoroughly screen the client and his case before processing the case to the lawyer. However, it’s also possible that there will be no telephonic conversation with the lawyer. It depends on the firm.
Also, in some law firms, the plaintiffs will have to talk to the lawyer’s clerk or ((paralegal staff)). The assistant or paralegal staff will ask all about the case before processing it to the concerned lawyer. In such a case, one should be prepared to answer the firm’s queries. So, lawyers will move on in any of the procedures mentioned above according to the rules and regulations of the relevant firm.
Consultation with the Client
After a thorough screening, the firm or paralegal staff will arrange a lawyer meeting with the relevant client. Mostly, such meetings are paid, and the client will have to pay the ((lawyer’s consultation fee)). However, some lawyers may arrange a consultation without any fee.
So, the lawyer and the client should know how long their meeting will be. On a time basis, the lawyer will charge a fee from the client.
If the client can’t afford a lawyer’s consultation fee, he should find a lawyer who can arrange a meeting with him without any fee. However, this step is necessary to proceed with the will effectively.
Deciding Whether to Take a Case or Not
As you know, there are different types of lawyers. Each lawyer can handle the case of his interest effectively. After meeting with the plaintiff or client and hearing his arguments, the lawyer will decide whether to take the case or not.
There are many aspects of any case that a lawyer may consider before adopting any case. Some well-known aspects that most lawyers use to take a case are listed here.
Nature of the Client
The foremost thing that lawyers consider while taking any case is the nature of the client. Lawyers are well-trained players in the law field. They can judge any person through a single meeting with him. So, during the consultation, a lawyer will observe the client judge his nature or personality. The client also plays an important role, along with the lawyer, in processing any case. So, a clever, active, and wise client can handle any case effectively.
The lawyer will judge the client’s nature via various factors. However, the most important things that he’ll notice are:
- The general appearance of the plaintiff
- The integrity of the client
- The capability of memorizing things
- Communication skill
- Reasoning capability
- Trusted or not
It’s not necessary to be perfect in all these capabilities. However, attorneys like to have an average client with a personality that combines all these factors.
Merits of the Case
Along with the client, his will should be on merits. A lawyer will decide whether to adopt a case or not based on the merits of the relevant court. Many factors act as a merit for the case. Here are some factors that a lawyer observes within the arguments or will of the plaintiff.
- A proof-based will
- Should be supported via strong evidence
- The plaintiff attitude towards the case or will
- Solid reasons for taking the case to the court
- An understandable will
Based on all these factors, a lawyer will decide whether to take the case or not. He has the right to reject the will due to some obligations. However, if the lawyer finds the case reliable, he’ll pick it.
The Amount of Damage
In some cases, like most personal injury cases, the lawyer tends to process the case in court on a contingency basis. In such cases, the plaintiff will have lost his precious property or got his property damaged. In such a case, the lawyer agrees to fight the case on a percentage basis. He’ll charge the fee according to the recovery amount.
So, if the client’s case is deleted to such a condition, the lawyer will estimate the damage that occurred to the client. On this basis, he’ll decide whether to take the case or not.
How to Convince a Lawyer to Take Your Case
A lawyer is the most important factor in the processing of any case within the court. He acts as a representative of his ((plaintiff)). Without a lawyer, no one can process his case in court. Also, lawyers know how to talk about an issue in court. So, they can process any case in the court effectively. That’s why all opposition parties must have such an attorney who can speak their point of view in the court.
Well-trained and experienced lawyers don’t take any case easily. They judge the plaintiffs well before adopting any case. Here are some points that may help you to get a lawyer for your case.
- Try to contact an attorney for the first time personally, not via any firm or association.
- Try to learn the timetable of the concerned lawyer, and call at the appropriate time.
- If you have such a case that has already been terminated from the court, bring all your documents at the time of the first consultation meeting.
- If you’re filing a case against any company or association, minutely understand their terms and policies and let your attorney know these facts.
- Prepare yourself before calling an attorney.
- Try to sketch the consequences of all the events within a case. A proper timeline, in any case, is necessary to process it well.
- Always speak the truth and straightforward to the lawyer.
- Try to relate your claim with the case with strong arguments.
- Show the lawyer evidence, if any.
- In case of any damage, tell your lawyer an estimated amount of the damage.
- Try to behave in a good manner, as mentioned above, with the lawyer.
- Show responsiveness towards the lawyer.
Frequently Asked Questions
Do lawyers take cases they know they can’t win?
No, most lawyers avoid such cases that are not of their interest or think they can’t win. Lawyers also have to spend money and time on the cases. So, if they lose a case, they lose their money. That’s why they avoid taking such cases they can’t win to save their money and time.
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Why would a lawyer turn down a case?
A lawyer may turn down such a case that he feels he’ll not hold in the court. To save his time, he may turn down such a case.
What if no lawyer will take my case?
In such a case, you should claim the case in small courts. They’ll tell you how to proceed with the case. However, keep on searching for an attorney too.
Are lawyers obligated to take a case?
No, a lawyer is not obligated to adopt a case. He may reject certain cases via strong reasoning.
How do you know a bad lawyer?
Here are some of the characteristics of a bad lawyer.
- Poor response rate
- He will not keep the client up to date with the case situation.
- Poor confidence
- Doesn’t show respect to any other person.
- Doesn’t show sympathy to the plaintiff
Lawyers observe any case minutely before they decide to adopt it. They judge the case based on their interest and specialization. If the case is concerned with their expertise, they will adopt it. Otherwise, they will leave it. A client should know the merits of any case before approaching any lawyer. Some of the aspects that a lawyer sees while adopting any case are discussed here. Move according to these tips to hire the best attorney.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
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