When you contact an attorney, you expect the lawyer to happily agree to accept your case. After all, it’s their job to retain clients, as this is how attorneys are paid—however, sometimes attorneys turn down cases for a variety of reasons.
So, what are the factors leading attorneys to decline cases? We’ll take a look at some of the factors attorneys consider when they’re deciding if they should take a case or refer you to another legal professional.
Why May an Attorney Refuse to Take Your Case?
Attorneys aren’t legally obligated to take on every case that wanders through their door. They have the freedom to pick and choose their caseloads as long as turning down the work doesn’t violate legal standards.
What legal standards prevent an attorney from refusing a client? If an attorney refuses to take a case based on discrimination, it’s a violation of federal law. However, an attorney can refuse a case if they simply feel they can’t work with a client’s personality.
Here’s a quick example: discrimination laws cover age, gender, religion, nationality, etc. An attorney can’t refuse a case simply because they dislike the client’s religion or race. However, if the attorney has an issue with the client’s personality, maybe the individual is argumentative, the attorney can legally refuse to accept the case.
The reason a personality conflict isn’t viewed as discrimination comes down to the attorney’s effectiveness as legal counsel. If the client’s personality makes it difficult to form a working relationship, the attorney can’t provide adequate legal counsel.
In this instance, it’s in the client’s best interests to find an attorney they can easily work with. Okay, so attorneys can turn down clients over personality conflicts, but what are some other reasons lawyers may refuse to take a case?
Conflict of Interest
If a conflict of interest arises, you want the attorney to turn down your case. If the attorney agrees to work on your case, even if there’s a conflict of interest, you may not be getting the best legal representation. If your case goes to trial and the judge discovers the conflict of interest, the lawsuit can be tossed out, and you’re back to the beginning.
A conflict of interest can occur for several reasons. However, a common reason is if the attorney has previously represented the defendant in a similar case. The attorney may even be close friends or family with the defendant. If so, this is an obvious conflict of interest.
You may be able to waive your right to new counsel if a conflict of interest pops up, but this is rarely a good idea. Throughout your relationship with your attorney, you’ll always wonder if your best interests are a priority.
Financial Risks
This factor tends to apply more to personal injury attorneys. They have the option of accepting cases on a contingency fee basis. In fact, contingency fees are the most common type of payment structure used by personal injury lawyers.
A contingency fee payment structure is pretty easy to understand. You agree to pay your attorney a percentage of your award if your case is successful.
You enter into a legally binding agreement with your attorney. When your case is settled, your check goes into an escrow account created by your attorney. Your attorney deducts their percentage, usually between 30% to 40%, and you get the rest.
For clients, contingency fees are often the only way they can afford legal representation. However, attorneys are taking a risk every time they work for contingency fees. If your case isn’t successful, the attorney isn’t paid. So, if an attorney believes you have a weak case, they may decide it’s too big of a risk.
However, even if one attorney turns your case down, they may be able to provide you with referrals for attorneys willing to take bigger risks.
Available Time
Your case may be complex, and this requires a lot of time and effort from your attorney. Since there’s a good chance you’re not the attorney’s only client, time can be a factor when a lawyer is deciding to take on a case. If the attorney doesn’t believe they have adequate time, resources, or both to devote to your case, they may turn you down as a client.
Even though being turned down by an attorney can be annoying and disheartening, this is a valid reason to walk away. You should also be grateful to the attorney for their honesty. The last thing you want is to work with an attorney who can’t give your case the attention it needs to succeed.
Once again, ask the attorney for referrals. Chances are, they know a lawyer with time to focus on your case.
Expired Statute of Limitations
Pretty much all cases have a statute of limitations, except for serious felonies like murder. The statute of limitations refers to the time you have to file a case either with the defendant’s insurance company or in court.
The statute of limitations varies depending on the type of case. If the statute runs out, there’s a good chance you can’t file a claim. In other words, once the statute of limitations runs out, you probably don’t have a case.
Your attorney may look to see if any exceptions to the statute of limitations apply in your case. For example, the statute of limitations can be temporarily paused for minors until they turn 18. If a defendant can’t be located, the statute can also be paused.
There are a few other exceptions, but this doesn’t necessarily mean they’ll apply to your case. If you can’t file a claim, you probably don’t need legal representation.
Learn More from an Attorney About Factors Affecting Your Case
You may believe you have a valid claim, but this doesn’t necessarily mean an attorney feels the same. Attorneys can legally turn down cases, and this is something you need to accept.
However, if your case is turned down, don’t be afraid to ask why. You may also want to ask for referrals. Just because one attorney doesn’t want your case doesn’t mean another lawyer isn’t ready to help protect your legal rights.
