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what do lawyers consider before taking on any given case?
what do lawyers consider before taking on any given case?
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Amber’s Answer
Hi Calvin, I'll add on to Kim's comment. Another consideration for attorneys before they take on a new case is whether they have the technical knowledge to adequately represent the client. For example, an attorney specializing in estate planning would likely not take on personal injury clients, and an attorney specializing in family law cannot possibly be expected to adequately represent clients in complex merger and acquisitions transactions.
Attorneys also have other ethical considerations. For example, would taking on a new case create conflict with their existing clients? Some attorneys or law firms have limited resources and cannot take on new cases simply because they do not have the bandwidth to do so. Taking on a new case when the firm is stretched thin could result in an ethical violation if the firm ends up neglecting client matters.
Attorneys also have other ethical considerations. For example, would taking on a new case create conflict with their existing clients? Some attorneys or law firms have limited resources and cannot take on new cases simply because they do not have the bandwidth to do so. Taking on a new case when the firm is stretched thin could result in an ethical violation if the firm ends up neglecting client matters.
Updated
A.’s Answer
I will piggyback off all the great answers so far. Before taking a case, we think about several important things. We look at the facts to see if there’s enough evidence to support the case and check if the laws align with the client’s side. We also consider whether we have enough time and resources to handle the case properly. We think about the client’s goals and whether we can realistically help them achieve what they want. Finally, we make sure the case is fair and ethical to take on. All of this helps us decide if we’ll should move forward.
It’s kind of like being a detective—we have to figure out if the puzzle pieces fit before jumping in!
It’s kind of like being a detective—we have to figure out if the puzzle pieces fit before jumping in!
Updated
Kim’s Answer
Calvin,
This is a great question!
This will depend on the types of cases. Some of the things I noticed, while working with a Civil Rights attorney, included
1. if he had time to work it in
2. if he believed the client
3. how the client would do appearing before the jury - likeability factor
4. complexity of the case - if it was simple, sometimes he wouldn't want it, since he built his practice around handling difficult cases. However, if it was super-complex, and he would have trouble getting a jury to see how the client had been wronged, or it would take a lot of his time and not pay out very much in damages, those were cases he might turn away.
5. The client's ability to pay
6. The client's commitment to the case - would the client show up for depositions, assist in answering interrogatories (legal questions presented by opposing counsel), etc
7. How dependent the case was on expert testimony ( blood spatter experts, for example, are expensive)
8. Sometimes, if it was just something blatantly wrong, none of the rest mattered - he'd take the case.
Unfortunately, the world revolves around money, but, there are still some good attorneys who will take pro bono (free) cases.
This is a great question!
This will depend on the types of cases. Some of the things I noticed, while working with a Civil Rights attorney, included
1. if he had time to work it in
2. if he believed the client
3. how the client would do appearing before the jury - likeability factor
4. complexity of the case - if it was simple, sometimes he wouldn't want it, since he built his practice around handling difficult cases. However, if it was super-complex, and he would have trouble getting a jury to see how the client had been wronged, or it would take a lot of his time and not pay out very much in damages, those were cases he might turn away.
5. The client's ability to pay
6. The client's commitment to the case - would the client show up for depositions, assist in answering interrogatories (legal questions presented by opposing counsel), etc
7. How dependent the case was on expert testimony ( blood spatter experts, for example, are expensive)
8. Sometimes, if it was just something blatantly wrong, none of the rest mattered - he'd take the case.
Unfortunately, the world revolves around money, but, there are still some good attorneys who will take pro bono (free) cases.