how does a lawyer determine to accept a case

What considerations do lawyers use in deciding whether to accept a case and bring a lawsuit?

• (1) The precise nature of the claim.
• (2) The likely measure of damages or other relief.
• (3) The plaintiff’s objective (e.g., money, respect, “show them”, revenge, political motives as in Paula Jones case...
• (4) The plaintiff’s reasonableness (compare “I want a fair settlement”...

Full Answer

Why won’t an attorney accept my case?

If the cost of the expected depositions and case requirements exceeds the expected return on the case, an attorney most likely will not accept the case. We believe it is extremely important for personal injury victims to select the right attorney for their case.

How do attorneys decide to take a case to litigation?

In general, there are three major criteria attorneys use to decide whether to take a case to litigation: damages. Sometimes the employer or the number of clients (if a class action case is a possibility) and the scope of the claims are also factors in determining whether the attorney has the experience and resources to litigate a case.

How do I talk to my attorney about my case?

You and your attorney must focus on your specific case. While you talk, in addition to getting information, the attorney will evaluate you as a witness and client, in areas such as memory, honesty, appearance, attitude, cooperation, communication skills and many other characteristics. Do not lie or mislead your attorney.

Do lawyers pick the facts in a case?

Lawyers don’t get to pick the facts of the cases that walk through their door or that get assigned to them. Often lawyers will put tremendous amounts of time and effort into cases where they know that a “not guilty” verdict is not going to happen.

What factors help determine whether a case should be accepted?

Lawyers typically consider these factors: (1) The precise nature of the claim. (2) The likely measure of damages or other relief. (3) The plaintiff's objective (e.g., money, respect, “show them”, revenge, political motives as in Paula Jones case against President Clinton etc.).

What factors does a personal injury lawyer consider in deciding whether to take a case?

Even if you have significant injuries and liability seems clear, a number of factors could derail your case, including:your shared fault for the underlying accident.your delay in getting medical treatment for your injuries, and.your (perceived) credibility.

How long should it take for a lawyer to get back to you?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How do I know if I have a good case?

An economically viable case is like a recipe. There must be fault, damages, and adequate coverage. If there are a lot of damages but no fault, the case is not economically viable. If there is a lot of fault but no damages, the case is not economically viable.

What is the exception to the ethics rule against making unmeritorious claims and defenses?

The ethics rules on unmeritorious claims do provide an important exception to the general rule against making claims or defenses that are not warranted by the law, that is, if the client is seeking to extend, modify, or reverse the law.

How do I choose a personal injury law firm?

9 Tips For Choosing A Personal Injury LawyerAsk For Lawyer Referrals From People Around You. ... Research Personal Injury Attorneys Online. ... Make A List Of Criteria That's Important To You. ... Compile A List Of Lawyers That Match Your Needs. ... Review Each Lawyer's Credentials And Track Record.More items...•

How often should you hear from your lawyer?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

Can a lawyer refuse to take a case?

Ever wondered whether a lawyer can refuse a case? Refusing to fight for a person , be accused in a case or victim of crime , cannot be denied by a lawyer. Every person have the right to be defended in a case, even the poorest of the poor too. They cannot be denied that right to be defended.

How do you know if a law is still good?

The only way you can know if your case is still good law is to validate your research. "Validating" your case research means to run your case through a citator service to see if there are subsequent legal authorities that invalidate your case and then reading those cases that negatively impact your case.

What does have a strong case mean?

A strong case is all about having evidence or arguments for a specific point of view. That can be against something or for something, it's the same either way. Say that someone proposes that a new road should be built. Some people will make a strong case for building the road.

What happens when I call a law office?

Every law firm is different, and may handle speaking with potential new clients differently than another. Some firms do a great deal of screening o...

Will I be charged to talk to a lawyer to find out whether I may have a case?

Most attorneys charge a fee (called a "consultation" fee) for an initial meeting, but some do not. When you make an appointment to see an attorney,...

How should I prepare for my first meeting or telephone conversation with a lawyer?

The attorney will ask you questions designed to get the relevant information quickly and to determine if your situation is something the attorney i...

Will the lawyer tell me whether I have a case or not?

In most situations, no. The law governing employment relations does not contain many hard and fast rules about what conduct is or is not legal. The...

How will a lawyer decide whether to take my case?

In general, there are three major criteria attorneys use to decide whether to take a case to litigation:the client;the merits of the claims; anddam...

What is the initial consultation with an attorney?

As much as the initial consultation is a chance for you to interview your attorney, the attorney is also getting a sense of your situation and your motivations. For example, if it looks like you're suing for revenge, and the attorney feels that you're likely to reject a reasonable settlement offer solely because you insist on having your day in court, they might decline your case.

What are the factors that could derail a case?

Even if you have significant injuries and liability seems clear, a number of factors could derail your case, including: your shared fault for the underlying accident. your delay in getting medical treatment for your injuries, and. your (perceived) credibility.

What happens if you sue after the deadline?

Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

Why do you need a copy of a police report?

In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

Do personal injury attorneys accept every case?

Certain kinds of advertising might give you the impression that personal injury attorneys are desperate for new clients, but the truth is that most do not accept every single case that comes their way. There are a number of reasons why an attorney might decide against taking your case, and there may be steps you can take to make your case more ...

Should I wait to see an attorney?

Generally speaking, it doesn't help to wait to see an attorney. It's one thing if you're waiting to receive a copy of some documents before you have a consultation. It's different if you're just procrastinating. If you wait, your attorney will wonder how serious your injuries really are, or how important this case is for you.

Can a toxic tort lawyer represent you?

toxic torts. If your case is outside the attorney's area of expertise, they may pass on representing you. And even if your case falls under the lawyer's expertise, the lawyer might represent only plaintiffs with a specific type of injury.

Why do I have to meet with an attorney for the first time?

Let me tell you what I mean. When you meet with an attorney for the first time, you are deciding whether you will hire him to handle your case.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What does an attorney evaluate?

While you talk, in addition to getting information, the attorney will evaluate you as a witness and client, in areas such as memory, honesty, appearance, attitude, cooperation, communication skills and many other characteristics. Do not lie or mislead your attorney.

What does an attorney check for?

The attorney must also first check for conflicts of interest (where the attorney formerly or currently represents interests or individuals potentially involved in your case and therefore might appear biased or unable to fully represent your interests).

What does an attorney want to know about an employer?

The attorney will want to know what acts you believe harmed you and what reasons were given by the employer to justify the employer's decisions. The attorney will ask questions to determine whether you can prove that the reasons given are not true.

What happens if you don't file a lawsuit?

The Damages: In most cases, particularly when a person has lost a job, an employee will need a contingent fee agreement that sets a percentage of your recovery as the fee.

What is direct evidence?

statements or conduct by the decision maker indicating a bias against a particular race or gender, or against older or disabled employees (or any other protected category). This is called "direct evidence" of discriminatory motive, but it is rare. a statistically significant pattern of similar decisions.

How to show your lawyer that you are being unfairly dismissed?

Go to the initial meeting prepared to show your lawyer not only the injustice of your dismissal but how you think the law was violated. Take supporting documents such as evaluations, witness statements, evidence concerning treatment of others, and medical records.

Why are clients unrealistic?

Many clients have unrealistic expectations about their case because of things they read in the papers or were told by others. Each case is different. Proof of events, credibility of witnesses and many other circumstances and variables make each case unique. You and your attorney must focus on your specific case.

What to do if one attorney is unable to handle your case?

If one attorney is unable to handle your case, you should consider talking to another lawyer. At other times, a lawyer may tell you that you have a weak case. If this happens, seek a second opinion from another attorney.

What to do if you believe you have a malpractice suit?

If you believe you have a valid malpractice suit, you will need to seek out a competent medical malpractice attorney to represent you. To help you in your search for an attorney, it will benefit you to know what criteria a malpractice lawyer looks at to determine whether to take on a claim.

Why do malpractice attorneys turn down cases?

Because of this large time-commitment, some malpractice attorneys may opt to turn down your case if they feel it cannot be won or would not yield a large verdict.

What is medical malpractice?

This violation of the standard of care is called negligence, and to win a medical malpractice claim, you and your attorney must prove that the doctor's negligent action directly caused your injury. Malpractice can occur at any time during medical treatment. In some instances, a misdiagnosis can constitute malpractice.

What is malpractice in medical practice?

Medical malpractice occurs when a medical professional breaches his or her standard of care, causing injury to a patient.

Why do malpractice attorneys want to review medical records?

The reason for this is so that they can make an informed decision based on the evidence you present.

What happens if you provide information that reflects a breach of a standard of care?

If you provide any information that reflects a breach of a standard of care, an attorney will be more likely to accept your claim. It is important that you organize any paperwork you think might help inform the attorney about your case prior to your first meeting.

Douglas Anthony Dube

As you can see from these responses, there are many considerations for an attorney considering a contingency fee case. For the attorney, it's strictly a business decision, assessing the factors identified in the previous responses and others.

John W. Carini

While I agree with the above answers, there are still many other possibly factors, that can vary with the indivifual attorney. Basically they can be summed up under the heading of "cost-benefit" anaylsis.

Steven Alan Fink

Both of my colleagues are correct, but there is still an additional consideration. How much time will I have to spend to get both the judgment and the payment. A case with good liability and good damages may still not be financially viable to handle if it will cost too much money and time to prove...

Matthew Edward Williamson

I agree with Attorney Marshall's 3, but there are 2 more that the best attorneys use (besides the original three) (many attorneys don't use these, but the best I know do): 4) What is the client's attitude like (are they going to be someone that the attorney wants to potential be partnered up with for a year or two

Robert Lee Marshall

There are generally three things attorneys look at in determining whether to take a case on a contingency basis -- meaning they don't collect fees unless you win the case and get a settlement.

Why do attorneys pass on minor injuries?

If your injuries are minor, an attorney may pass on your case because the expected monetary compensation will likewise be minimal. Additionally, the cost of developing the testimony to prove up your injuries has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, ...

Why do attorneys decline cases in Texas?

If you may have been partly at fault , an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault. Governmental immunity in Texas is another reason why attorneys may not accept personal injury claims against school districts or governmental entities.

What is factored into a business judgment?

Factored into that business judgment is such things as, the amount of time that the attorney expects to spend on the case, the cost out of pocket for the attorney to develop the case, and the expected fee. The attorney must consider whether the time effort and money are “worth it” for the attorney to handle.

What is a personal injury lawyer?

Personal injury lawyers are looking for damages as a gauge of the expected recovery for handling a case. Speculative damages whether financial or injury do not really help you obtain an attorney. In personal injury cases, how bad you are hurt is the most important factor in a case.

What is the difficult situation of personal injury?

Another situation that proves difficult is when the personal injury victim has substantial injuries and also huge hospital obligations for the treatment. This can come into play when the available insurance to cover the damages is insufficient and the hospital would receive the first money out of a case.

Should victims be wary of attorneys?

Victims should be wary of attorneys placing a value on a claim after the first consultation. Further, if you have been “released” or “dropped” from another law firm the attorney will think twice about the case from either a liability perspective or an unreasonable expectation perspective.

Do contingency attorneys accept cases?

In short, attorneys who handle contingency fee personal injury cases must be business people and accept or decline cases after considering how much time and money they must expend to move the case forward balanced against the fee that they expect to receive should they be successful and the risks in the case.

Dennis M. Abrams

It really depends on the complexity of the case and the amount of medical records. Send a quick email or make a call to the lawyer and ask for how long s/he thinks it will take to complete the review.

Peter J Bartinik

Your lawyer will have to determine what evidence will be required to successfully pursue your case. It is not just the medical records that are important. He will have to engage experts that will have to support necessary elements of a malpractice action.

David Ian Schoen

The time can vary greatly. AS long as there is good communication between you, that is OK

James E. Girards

I have been doing medical malpractice cases for over 20 years. In my experience in what might be described as a typical malpractice case it takes about 100 days to get through the review process. In a birth injury case or any other particularly complex situation it can take much longer.

Why won't my lawyer take my case?

There are three basic reasons lawyers won’t take the case. You are the plaintiff, and you don’t have a legitimate claim. You are the plaintiff and the lawyer knows that the legal fees will cost substantially more than you have a chance of winning. You don’t have the money to pay. You contacted the wrong kind of lawyer.

What do lawyers do in criminal cases?

They can look for ways to reduce charges, make deals that serve the interests of their clients, supervise the sentencing phase of a trial to make the best appeal for leniency possible.

Why do lawyers act when they are not guilty?

But they act to protect the rights of their clients and to hold the prosecution to their burden of proof. I was a criminal defense attorney for many years.

Why do criminal prosecutor pursue cases?

Prosecutors might pursue cases where they are unlikely to secure a conviction because of the severity of the crime, or the high profile nature of the crime, or because while they may not get a conviction on the highest charge, there are lesser included crimes where they can.

Do lawyers take pro bono cases?

We don’t need that. What it comes down to, is for a lawyer to take a claim it must be ethical and the lawyer must be able to get paid. Many lawyers do take on pro bono cases, but there are only so many of those we can take a year. In addition, the client must be someone with whom the lawyer feels they can work.

Can an attorney take a case on a contingency basis?

They usually don’t, as a general matter. If an attorney takes on an unwinnable case on a contingency basis, it will cost the attorney in terms of time, resources, and frustration… making nothing at the end. If an attorney takes a bad case on an hourly basis with a retainer, that doesn’t make sense either.

Do defense attorneys take cases?

Defense attorneys often wind up with cases wher. Continue Reading. Lawyers generally will not take cases where they know they cannot do anything at all to help the client. Most are too busy to fool around with that. Conversely, lawyers will often take cases that can be charitably described as an uphill battle, for a variety of reasons.