Will a Lawyer Refuse to Take a Case | 11 Core Reasons Lawyer Refuses

It’s not always necessary for the lawyers to take the case. Sometimes, they may refuse to adopt it due to different reasons. However, according to the American law association, state law should have strong arguments to reject a case. Though an attorney is not obliged to take a case, he should not refuse any client without justification. As the plaintiff moves toward the court in a distressed situation, they should not be mistreated. One should learn all about ‘will a lawyer refuse to take a case.’

One can comment according to his knowledge about the query under discussion. However, to learn about this confusion, one should dig into the law market to find out why a lawyer will refuse to take my case.

This task is not so easy. One will have to explore the law field to find reasons that may lead a lawyer to refuse to take a particular case. 

To make your research easy, we’ve done this job for you. After deep research, we’ve proposed a brief guide that will clear all your queries regarding this matter. So, let’s move on to unveil all about this confusion. 

Reasons Why a Lawyer Will Refuse to Adopt Your Case

There are many reasons why the lawyer may decline to accept your case. Some of such reasons are discussed here. 

The lawyer doesn’t Have Enough Time

Sometimes, the lawyer may have a busy routine. He can’t handle even a single new case. So, if you’ll ask him to take your case, he’ll not accept it. There is not always an odd thing that may cause the lawyer to refuse the case. 

Low Financial Benefit

Mostly, lawyers finalize a case after confirming its dues. If the case seems beneficial financially, they’ll take it. Otherwise, they may say sorry. 

Also, those lawyers who work on contingency methods will estimate the damage amount. If their percentage seems good, they may be interested in the case. If a lawyer refuses to take your case, this reason may be behind such a refusal. 

Low Merits of the Case

Before taking any case, a good lawyer will always observe it from every perspective. If he finds the standard one, he’ll adopt it. Otherwise, he’ll leave. If a lawyer is leaving a case, the poor standard may also be the reason behind it. 

No Confidential Plaintiff

The lawyer will judge the plaintiff on different merits along with other facts. He’ll explore all the aspects of the plaintiff before taking his case. As the client plays an important role in the processing of the case, the lawyer will take a case if he finds the character of the lawyer good.

Also, the plaintiff will be the legal confidant of the lawyer. So, if he doesn’t seem like a trusted person, the lawyer may refuse to take his case.

Poor Evidence

The evidence makes a strong case. So, a good lawyer will always investigate the evidence regarding the case. If he finds the strength, he’ll adopt it. On the other hand, if the evidence is not strong, the attorney will not get it. 

Case Type

Sometimes, the case may be out of the lawyer’s interest. Also, there are different types of lawyers who handle different cases. A lawyer can process a case properly within the court only if it’s of his interest. However, if the case is out of his interest, he’ll not take it. 

Keep in mind that a good lawyer will not simply refuse to take a case. Rather he’ll refer the case to a person who can handle it properly. 

The Lawyer Believes He Can’t Win the Case

It’s not the plaintiff only who puts his effort and money into processing the case within the court. The attorney will also have to invest his time, struggle, and money to strengthen the case. However, if some situations lead to failure, the attorney’s effort will end in nothing. Also, it’s a pang of guilt for a good lawyer to lose a case. 

So, if an attorney believes that he can’t win a case, he’ll avoid adopting such a case. It will save his time and money and his reputation and respect within his field. 

Expired Statute of Limitations

After an incident occurs, the plaintiff will have to file his case to the relevant court within a certain time limit. This time limit is legally called the statute of limitations. 

If someone files a case after the expiry of the statute of limitations, the attorney will not accept his case. This may also be a reason for the case refusal by the attorney. 

Case Records are missing

Keep in mind that consulting an attorney regarding the case with a proper case file is a legal manner. If you call the lawyer or arrange a meeting with him but don’t provide him with a proper case record, he may hesitate to take your case.

Make a neat and clean file of your case, arrange all the essential documents in it, and write down all the incidents of the event chronologically before meeting a lawyer.

If you ask a lawyer to fight your case without proper documentation or a proper file, he may refuse to take your case. This is a legal justification, and the lawyer may refuse the case on this basis. 

Some Lawyers Deny to Take Your Case

If you take your case to different lawyers but refuse it for certain reasons, your case will become light. When an attorney knows that different field lawyers have already rejected the case, he’ll also avoid adopting it. This may also be a reason that may lead a lawyer to leave your case. 

Personal Issue with You

As mentioned above, personal behavior and psychology help the lawyer take any case. Sometimes, the lawyer may know you personally. He’ll be aware of all your financial as well as personal circumstances. If you have any issue with your case, the lawyer may refuse to accept it. This may also be a reason for which a lawyer will not take your case. 

Frequently Asked Questions

Can a lawyer decide not to take a case?

Yes, a lawyer has the right to take or refuse a case. However, a good lawyer will always refuse to take a case with a proper justification. Also, he’ll refer the case to an expert lawyer to prevent the plaintiff from trouble. 

What are some reasons why an attorney might not take a case?

Here are some reasons that may lead a lawyer to refuse a case. 

• Low merit of the case
• Lack of personal interest in the case
• Less financial benefit
• Rejection issues
• Expired statute of limitations
• Poor evidence
• The case is not of the lawyer’s interest
• The personal issue with the client

Do lawyers lie to their clients?

‘Honesty is the best policy, this proverb is valid in all fields, and the law field is no exception. So, a lawyer should not tell a lie to his clients. He should keep them up to date with all the proceedings, honestly. The law also prohibits attorneys from adopting such an attitude. So, a lawyer should always speak the truth. 

What if no lawyer will take my case?

If you can’t find any lawyer willing to take your case, apply for a lawyer to the local courts. They may help you in this regard. Also, keep searching for an attorney meanwhile. 

What to do when your lawyer is not working for you?

There may be certain reasons why a lawyer will not take your case or may leave your case. In such a situation, you can proceed legally with your case. Try to apply to the local courts.

They’ll resolve your problem. Also, such courts may hand over your case to any other lawyer. This will be beneficial for you. However, if you think of filing a case against your lawyer, it will spoil your case. 

How do you know if a lawyer will take your case?

A good attorney will let you know all about your case. He’ll discuss with you all the probabilities of the case. With strong arguments, he’ll figure out the strengths and weak points within your case.

So, if you hand over the case to an honest and dutiful lawyer, he’ll keep you up to date with the proceeding of the case. 

Conclusion

Taking all the cases is not the duty of a lawyer. Some factors don’t let the attorney adopt certain cases. These factors may be personal and legal that don’t let the attorney take a case. However, a proper justification is necessary for the lawyer to reject a case. He should have strong arguments to support his refusal. Some of the reasons that may lead a lawyer to refuse a case are discussed above. 

References

• https://www.americanbar.org/
• https://www.americanbar.org/membership/
• https://en.wikipedia.org/wiki/American_Bar_Association
• https://highcourtchd.gov.in/sub_pages/top_menu/case_information/CASE_TYPE.pdf
• https://www.courts.wa.gov/jislink/public/codes/Shared/casetype.htm
• https://slaterzurz.com/when-does-a-lawyers-failure-to-file-documents-constitute-legal-malpractice/
• https://www.justia.com/family/adoptions/adoption-procedures/appealing-denial-adoption-petition/
• https://www.courts.ca.gov/selfhelp-adoption.htm?rdeLocaleAttr=en