what should a lawyer major in consider in deciding whether to accept a case

Before accepting a client in a matter, the attorney must consider two major things. First and foremost is whether the attorney has a conflict of interest in representing the client, whether that conflict be real or potential. The second consideration is whether the attorney has the competence and time to represent the client.

Full Answer

What are the most difficult things to process as a lawyer?

One of the most difficult things to process as a lawyer is that it is a very time-consuming job. Perhaps it is not the case when you first start working, but after a while, cases will pile up, so you will need to work much longer hours.

What factors determine an attorney’s ability to litigate a case?

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.

What makes a good lawyer?

A good lawyer will honestly review the facts of your case and help you weigh each of these (and possibly other) considerations and give you an idea of the strength of your case and your chances of success, based on his or her experience.

What kind of work experience is needed to become a lawyer?

Lange suggests that people who are contemplating law school get some law-related work experience, such as a summer job working at a law firm or a district attorney's office so they can assess whether they would be content as an attorney.

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.).

Which factor should you consider when choosing a lawyer?

The cost of hiring an attorney can range widely depending on a variety of factors, such as their level of expertise, years of practice, and record of success. When choosing a lawyer, ask for a quote to know whether you can afford his or her services. Also, inquire how the attorney bills their clients.

What factors would you consider in deciding in what court to sue?

8 Factors to Consider Before Filing a LawsuitCost/Benefit. First and foremost, you must do a cost/benefit analysis of the potential lawsuit. ... Chance of winning. ... Alternatives. ... Collectible. ... Time. ... Willing to involve witnesses. ... Statute of limitations. ... Privacy.

What are the Supreme Court's three main criteria for selecting cases?

Three factors must be present before the U.S. Supreme Court will review a state court decision:A substantial federal question must be present. Must be a real question. ... The federal question must be crucial to the decision. ... The losing party must have exhausted all state remedies.

What factors might affect a litigant's decision regarding where to file suit?

Several factors can affect where a lawsuit should be filed. These factors include where the defendant resides, where it is that you suffered damages, where the wrongful conduct occurred, and whether there was an agreement that affects where the lawsuit should be filed.

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

What practical reasons will be used to sue a customer?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

Which criteria do the Supreme Court use to determine whether it will hear a case?

Which of the following criteria are used by the Supreme Court to determine whether it will hear a case? the case is relevant/timely; the issue is not moot. parties have standing, or a stake, in the outcome. the issue represents a controversy.

What criteria do you think should be used to determine whether a Supreme Court decision is a landmark decision?

What criteria do you think should be used to determine whether a Supreme Court decision is a landmark decision? Wether it is new law or a law on controversy issue.

Which factor does the Supreme Court generally consider especially important when deciding which?

Overturn an act of Congress that violates the Constitution. Which factor does the supreme court generally consider especially important when deciding which cases to review? Whether the case deals with broad issues that apply to many different cases.

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 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 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 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 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).

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.

Is employment law hard and fast?

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. There are few black or white answers to legal problems. When you first talk with an attorney, do not be frustrated if the attorney is unable to tell you whether you have an airtight case. Also, do not be surprised if the lawyer you talk with agrees that you were treated unfairly, but says that the law provides you with no legal recourse.

Can an attorney tell you if you won 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.

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.

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.

Do lawyers lie?

Litigation attorneys are master lie detectors. So if you're not telling them everything, or if you're lying about something, there's a good chance they'll know. Why does this matter? Because if they don't see you as credible, a judge or jury probably won't either. Your attorney also needs to trust you, as they will be making sworn statements to the court based on what you say. If they're constantly wondering if you're lying, they won't be able to represent you effectively.

What should an attorney consider before accepting a client?

First and foremost is whether the attorney has a conflict of interest in representing the client, whether that conflict be real or potential. The second consideration is whether the attorney has the competence and time to represent the client.

What happens when an attorney determines a conflict of interest?

Once an attorney determines the existence of a present or potential conflict of interest and then decides he could represent the potential client anyway , the attorney must explain the circumstances to both the current client and the potential client and get consent from both. See In re Geeding, 270 Kan. 139 (Kan. 2000).

What are the rules affecting current clients?

The rules affecting current clients also apply to former clients, particularly where the representation of that former client has been recent or involved the same matter being presented by a new potential client. The issue is whether confidential information received from one client could later be used against that client.

LONG AND EXPENSIVE EDUCATION

Now, before you become a successful lawyer and start earning a lot of money (gosh, you could even offer online legal services ), you need to complete a very extensive and expensive education process.

EARNINGS

When it comes to the question of how much money lawyers earn, the general opinion is that amount in question is very high.

THE GENERAL OPINION OF LAWYERS

For generations, the lawyer profession has been considered as one of the most elite professions.

WHAT ARE THE SKILLS EVERY LAWYER SHOULD HAVE?

Apart from lengthy education, there are some skills every lawyer should have.

FINAL WORD

Now that we have come to the end of our presentation, you probably have a wider picture of what it takes to become a successful lawyer.

Do You Really Want to Be a Lawyer?

Legal careers are most appropriate for enthusiastic debaters who enjoy participating in arguments and who are not easily offended by alternative viewpoints, Wolfe says. He adds that a "thick skin" is typically necessary for success, as well as a skeptical and intellectual mindset.

Is Law School Worth the Cost?

Lange cautions prospective law students against attending law school simply because they think a legal career is a pathway to a high salary. "There's really no material reward you get that compensates for not liking what you do," he says.

Do You Have a Compelling Reason to Go to Law School?

Because law school requires a significant amount of time and effort, it's not a step anyone should take lightly, experts say.