what does a lawyer do to determine if he'll take your case

Full Answer

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.

Does a lawyer have to take cases he knows he will lose?

He has to take cases he knows he will lose. But remember, th... Yes and it should be.... Because Lawyer never win… Parties win according to their facts of the case....

Can a lawyer tell you if you will win a case?

No attorney will be able to tell you whether you will win a case, even if your evidence is strong. Most of the time, the lawyer will point out the probabilities for success as well as the weaknesses in your case that could make the chance for victory at trial a slim one.

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 does it mean when a lawyer doesn't want to take your case?

Liability. Liability is one of the most common reasons why a lawyer won't take your personal injury case. Your case might be rejected—even if you were not at fault—because there is simply no way to prove that another person or entity is liable.

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.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

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.

When can a lawyer refuse to accept a case?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

How do you present a lawyer case?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.

What is the exception to ethics and court rules 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.

Do lawyers lie?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

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: 1. the client; 2. the merits of the claims...

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 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 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 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

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.

How Does An Employment Attorney Decide Whether To Take My Case?

Many people have experienced a bad job, or had a terrible boss and have wanted to hire an attorney to help them win their case. Yet even if your work situation is pretty awful, you may not be able to file a lawsuit against your company.

Step 1: Initial Consultation And Review

Most employment law firms start the intake process with a free initial consultation. This can be done in-person, or over the phone. During this conversation, you’ll be asked a number of questions about your specific situation.

Step 2: Intake Form & Timeline

If the attorney decides to investigate your case on a deeper level, they will usually ask you to complete an intake form and/or complete a written timeline of events. These forms serve several purposes. They allow you to tell you story, nail down important dates, and ask questions that are designed to identify other possible legal issues.

Step 3: Sign A Retainer Agreement

If the attorney believes that you have a viable claim, then they will likely ask you to sign a retainer agreement (also known as a “contingency fee” agreement) that sets-out the details of their representation.

Can a lawyer do their work the way they want it?

While some may say that one can do their work the way they want it if they are successful, this doesn’t apply to lawyers.

Can a personal injury lawyer win a car accident case?

This is because a lawyer can handle slip and fall cases, for example, exceptionally, but they simply cannot win car accident cases!

What does an attorney want to know about an accident?

For injury, malpractice, and accident litigation, an attorney will want to know whether an insurance company, corporate employer, or government entity is involved. Otherwise, there may be nobody with sufficient assets to cover the costs of a lawsuit.

What do you need to know before drafting a complaint?

Before drafting a complaint, your attorney must verify and familiarize himself with the facts of your case, collect your medical records, determine the best legal theory to argue, and research relevant case law. These steps often take longer than clients expect, but they are necessary to avoid sloppy pleadings.

When does a car accident SOL start?

If a patient experiences pain after a car accident, but does not seek medical treatment for several months, the SOL will likely begin at the date of the accident rather than the date of the patient’s diagnosis. It is vital to consult with an attorney as soon as you become aware of your injury.

When does a SOL run?

For ongoing injuries, such as constant pain or deteriorating conditions, the SOL begins to run when the patient knew or had reason to know of the cause of harm.

Is it ok to wait until the last minute to get an attorney?

It never pays to wait till the last minute to start searching for attorneys. If you have a month or less before your SOL deadline, you may find it difficult to secure an attorney. Most attorneys are unable to drop their current case work to prioritize your last-minute claim.

Can a lawyer specialize in a niche?

While they may practice the broader area of law, they may not specialize in the niche that you need. Rather than arguing or demanding that they accept your case, ask for a referral to someone with the correct speciality.

Can small firms handle expensive cases?

The ability to handle expensive cases will vary between firms. Some small firms and solo practices are unable to afford any significantly expensive cases. Others can only handle a few at a time. Larger firms may accept more expensive cases, but even they will reject a case that seems too risky.

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 do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

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.

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 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.

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 attorneys believe they have valid claims?

Some of them believe they have valid legal claims, when no viable claim exists at all. Responsible attorneys give these clients the straight, hard truth that they don’t have viable claims, rather than putting them through the wringer of litigation when they know all along that the client is bound to lose.

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.