Of course there may be reasons a psychological evaluation would not be beneficial. For example, if your client will be testifying against a co-defendant in exchange for a 5K1.1 cooperation departure and he exposes psychological issues that could reduce his credibility and ultimately ruin his chances for a 5K1.1. departure.
Full Answer
follow from the relationship between a lawyer and a client, as well as the relationship between an individual lawyer and a law firm. Definitional precision in the law aside, the lawyer-client relationship is a commonsensical illustration of agency. A lawyer acts on behalf of the client,
The Lawyer has Personal Reasons for Not Wanting to Take Up Your Case Sometimes, a lawyer may not want to take up your case because he/she simply feels that there is a lack of rapport between the both of you, or because taking up the matter would not be in line with his/her personal beliefs.
Just like you would tell your friends about a bad experience with an attorney, attorneys will share bad experiences with their clients. Most attorneys are their friends, and they want to protect their friends from bad clients who don't pay their bills. And who are disrespectful to the receptionist.
Lawyers have an ethical duty to not represent clients who may have adverse interests. Conversely, if a lawyer is related (professionally or by blood) to a party in your case, that can also be seen as a conflict of interests. 6. They don’t specialize in that type of case
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.
[2] A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Rules of Professional Conduct or other law.
6 Reasons Why an Attorney May Decline Your CaseFinancial Risks. Attorneys charge for time spent on a case. ... Conflict of Interest. Every attorney takes a code of ethics when practicing law. ... Expertise. ... Allotted Time. ... Client Reputation. ... Strengths and Weakness In Your Case.
It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.
Lawyers can refuse to defend someone unless a court refuses to grant them leave to withdraw from the matter. Common reasons why a criminal lawyer would not defend someone are if there is a conflict of interest (eg.
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
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.
Lawyers cannot “turn” on their clients. They are duty bound to always act in the best interests of their clients and they can be disbarred if it's found they aren't. Lawyers can, however, withdraw their representation. This basically means the lawyer has “fired” their client.
Why would a good lawyer not tell a client how their case will come out at the initial consultation? A good lawyer knows that every case is different and without doing research. A good lawyer will not guarantee the outcome of any case.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
Providing legal advice and guidance. Writing contracts. Meeting clients (individuals or businesses) Attending court hearings.
These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.
Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...
If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.
The Statute of Limitations has expired. A statute of limitations is a law which sets the maximum time you have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.
For example, in some states, the statute of limitations on personal injury claims is two years, so that means you have two years to sue for a personal injury case.
Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.
7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.
Often times, many cases are turned down because the potential client appears to be shopping around for a lawyer based upon the feedback they receive on the potential value of the case.
Firms may also turn you down if they believe you'll tarnish their image. For example, TMZ reports that Los Angeles Clippers owner Donald Sterling has been rejected by at least eight law firms in his quest to sue the NBA because they think he's "toxic."
Taking on a new client means starting a new working relationship for a law firm. If the firm's attorneys perceive you to be hard to work with, obnoxious, or abrasive, then they may choose to pass on your case.
If your case (or your own publicity) has the potential to scare away a firm's current clients, you may have trouble finding someone to represent you.
You may be able to get some free legal help in some cases, but most law firms expect to be paid. There are a number of fee agreements that firms may be willing to work out, but they aren't required to be flexible. Firms may also not feel your potential recovery amount will be enough to justify their fees.
A contingency fee case allows plaintiffs who do not have the necessary funds to pursue a case. The lawyer provides legal services that the plaintiff does not have to pay until he or she receives a settlement or verdict in the case. If the plaintiff loses the case, he or she does not have to pay for the legal fees. The lawyer may also pay the costs of the case, including court costs, expert witness fees, process of service fees and other expenses related to the litigation. A lawyer must carefully assess whether he or she will likely be able to recuperate these expenses by securing a settlement or jury verdict that is adequate to cover the fees and expenses.
For example, there may be issues that make it difficult to prove that the facts are as the plaintiff alleges. In law, it is more about what someone can prove than what he or she knows to be true. For example, in an automotive accident case, it may be difficult to prove which driver was at fault when there were no other witnesses to the accident and no surveillance that objectively demonstrates the true turn of events.
As a lawyer questions a potential client about the cause of action, he or she may discover that the other side will have viable defenses that may drastically reduce or eliminate the possibility of recovery. For example, the statute of limitations may have expired on the case. The plaintiff’s own negligence may have significantly contributed to the accident.
A lawyer will consider the possible damages that may be awarded in the best case scenario. If these damages are less than the fee that he or she would likely collect, the lawyer will likely not take the case and recommend that the client not pursue it.
A lawyer who is charging on an hourly basis may assess whether the client will likely pay for his or her legal services. If the client has a poor track record of paying for past legal services, the lawyer will be hesitant about accepting the case.
A lawyer must make an objective assessment of all aspects related to the case, including the potential plaintiff. The plaintiff may have to testify in front of a jury. Negative aspects about the plaintiff may dissuade a lawyer from taking the case. For example, the plaintiff may be someone who has a serious criminal history. He or she may be seen as a serial litigator, pursuing personal injury cases every few years. He or she may not make a good impression on a potential jury or the insurance company. He or she may lack credibility.