As much as lawyers need to help as many clients as possible to get justice, they can’t possibly take on every case that comes their way. So with that said, how do lawyers decide to take a case?
This article will explore the different methods lawyers use to determine whether or not to take on a case.
Factors That Lawyers Consider When Deciding To Take A Case
Lawyers have to weigh many different factors when taking on a new case.
Some of these include:
- The strength of the case
- Case’s financial aspects
- Time considerations
- The amount of work that would be needed to take the case to trial
- The client’s ability to pay
- How much the lawyer thinks they can win at trial
- The adversary
- Difficulties with the case
- Whether the subject is a good suit for the lawyer
- Whether it makes sense to use other dispute resolution methods.
Let’s look at each of these in a bit more detail.
The Strength Of The Case
The first factor that lawyers must consider is how strong the case is. This will be based on available evidence, witnesses, and legal precedents. If the case looks like it will be challenging to win, the lawyer may decide not to take it on.
In addition, the lawyer must also feel confident that they can win the case. If they don’t believe in the strength of the case, then it’s unlikely they’ll want to take it on.
Case’s Financial Aspects
Another factor lawyers must consider is the financial aspect of the case. This includes how much it will cost to take the case to trial and how much the client can afford to pay.
If the lawyer doesn’t think they can win much money for their client, they may not want to take on the case on contingency.
Time Considerations
Lawyers must also consider how much resources the case will take. If they are already very busy with other cases, they may not want to take on a new one requiring much effort.
In addition, the lawyer must also think about how long the case might take to resolve. The lawyer may not want to get involved if it is a long and drawn-out battle.
The Amount Of Work That Would Be Needed To Take The Case To Trial
Another factor to consider is how much work would be needed to take the case to trial. If it looks like it will be a lot of work, the lawyer may not want to take on the case unless they will likely have a substantial enough payout to make it worthwhile.
In addition, if the lawyer thinks the case will be very time-consuming and have an uncertain outcome, they may not want to take it on. After all, they don’t want to waste their time on an issue that will not be successful.
The Client’s Ability To Pay
Another factor that lawyers consider is the client’s ability to pay. The lawyer may not take on the case if the client cannot afford to pay the lawyer’s fees. After all, the lawyer runs a business and needs to make money from their services.
Also, if the client is only willing to pay a small amount, the lawyer may not want to take on the case. But, again, this is because the lawyer will need to factor in their limited time and resources against the fees being paid.
How Much The Lawyer Thinks They Can Win At Trial
Another factor that lawyers consider is how much money they think they can win for their clients. This includes the amount of money they can win from the other party and any legal fees they may receive.
If the lawyer doesn’t think they can win much money, they may not want to take on the case.
The Adversary
Another factor that lawyers must consider is the adversary. This is the person or company they will be going up against in court.
The lawyer may not want to take on the case if the adversary is a large company with a lot of money. After all, it will be an uphill battle trying to win against them.
On the other hand, if the adversary is an individual, the lawyer may be more likely to take on the case.
Difficulties With The Case
Lawyers must also consider any difficulties that they may have with the case. This includes things like whether or not there is enough evidence and if the witnesses are cooperative.
If the lawyer thinks they will have difficulties winning the case, they may not want to take it on.
Whether It’s A Good Fit For The Lawyer
Another factor that lawyers must consider is whether or not the case is a good fit for them. This includes things like if they have experience with this type of case and are comfortable with the client.
If the lawyer doesn’t think the case fits them well, they may not want to take it on.
Whether It Makes Sense To Use Other Dispute Resolution Methods
Finally, lawyers must also consider whether or not it makes sense to use other dispute resolution methods. This includes things like arbitration and mediation.
If the lawyer thinks using these methods would be a better option than taking the case to trial, they may not want to take on the case unless they are on the same page as the client and are comfortable with the best resolution method.
Of course, every case is different, and there are many factors that lawyers must consider before deciding whether or not to take it on.
However, these are some of the most common factors that lawyers will consider when deciding. Ultimately, it is up to the lawyer to determine whether or not they want to take on a case.
Where they can’t take up a case, lawyers will give you the reason. Sometimes they will even recommend other solicitors who may be better suited.
How Do Lawyers Decide To Take A Case – The Bottom Line
As you can see, there are many factors that lawyers must consider before deciding to take a case. But ultimately, it is up to the lawyer to determine whether or not they want to take on a case.
If they can’t take up a case, lawyers will explain why. Sometimes they will even recommend other lawyers who may be better suited.
Now that you know how lawyers decide to take a case, you can ask them the right questions when looking for legal representation. This way, you can be sure you are making the best decision for you and your case.
Frequently Asked Questions
What is the main factor lawyers consider when deciding to take a case?
The main factor that lawyers consider when deciding to take a case is how much money they can win for their clients and any legal fees they may receive. They also consider the adversary, any difficulties with the case, if it’s a good fit for them, and whether or not other dispute resolution methods are better options than taking the case to trial.
Can I ask why a lawyer won’t take my case?
You can certainly ask why a lawyer won’t take your case. Lawyers should be transparent about their reasoning so that you understand why they cannot represent you in your particular situation. They may even recommend other solicitors better suited to your case.
What should I look for when choosing a lawyer?
When choosing a lawyer, you should look for someone who has experience with the type of case you have and is familiar with local laws. Ensure they have a good track record and are transparent about their fees. Finally, ensure they are competent and confident in representing you.
