Are you wondering why a Lawyer refuses to represent you? Don’t lawyers want money? Nobody wants to be in an accident. But if you are involved in one, you must know that you might be entitled to compensation. Make sure to watch the video at the end of this article once you are done reading.
Getting Legal advice is more difficult than many people think. Many might assume they can just call the Bar Association, and find help with getting the legal representation that way. The legal profession is highly regulated, with strong rules around retainer agreements, rules of professional conduct, and the handling of confidential information. Lawyers can be afraid to take on new cases.
There are other reasons why lawyers might be afraid to take on a new case. Some of these include:
- The legal matter is beyond the lawyer’s ability
- You are a family member of the attorney
- You have needs in a specific area of law, like arbitration, real estate, or family law, that the lawyer doesn’t know.
- It’s a legal aid matter (very few lawyers take on these cases)
- You can’t afford the lawyer’s fees
- You keep getting a new lawyer every few months
Finding an attorney when it comes to these types of cases is not that easy. For example, there might be some law firms that will refuse you. Let’s see why this happens.
Practice Area and Legal Services
There are plenty of areas in which attorneys specialize. It is crucial to know that you should choose a lawyer that operates in your area of interest. There will be situations when a lawyer will refuse a case and it is because it’s not in their expertise.
For example, if you are in a car accident in Santa Rosa, you should call on auto accident lawyers. There’s no point in looking for business lawyers in this situation because they won’t be able to help you. Thus, they will refuse your case.
Legal services can vary from just needing to swear an affidavit, dealing with by-law tickets, a civil matter lawsuit, all the way up to the Supreme Court.
It’s in the client’s interests to hire a lawyer who does the right practice area.
No Time To Provide Legal Advice
How many times have you contacted a law firm and haven’t gotten a response in time? Usually, they are getting thousands of calls every day and might be overwhelmed with work.
Therefore, if you are not getting a response in time, you have to be understanding of them and trust that they might be in over their heads with no time to take another case.
Liability and Legal Profession Issues
There are plenty of attorneys who take different cases only if the injured person did not cause the accident. There are a lot of cases where a comparative fault is mentioned and taken into consideration.
So, given the fact that a lawyer must first look into the client’s claim, in order to confirm the evidence that supports the claim, they might refuse your case because you might have been at fault.
The lawyer-client relationship can be complex at times. The lawyer is afraid they won’t get paid, and the client is afraid of getting charged too much.
Medical Care
Whenever you are involved in a car accident, you must seek medical advice. All the medical paperwork, payments, and bills are proof that you can or can’t be entitled to compensation. So, if you did not see any doctor, there is a high chance that the attorney will refuse you. Always keep in mind that medical records are top-tier proof.
Financial Security
Let’s say that it is not you that caused the accident, and you also followed the routine and went to seek medical care but you or the person that caused it are not insured. Or maybe the other person is not financially secure. This situation would also cause a lawyer to refuse the case, simply because you will not be able to collect. That’s because the other person can and most likely will, file for bankruptcy.
Conflict of Interest
Even though it is not entirely normal, these things usually happen. Let’s say that you followed all the steps lawfully and carefully and you are also not at fault for the accident but the attorney that you want to hire is part of the family or friends circle of the other person.
In this case, if the attorney doesn’t refuse the case, it is recommended that you choose another lawyer, simply because there is a conflict of interest.
If you are having a hard time finding a lawyer, you can use a referral service. You can use Clearway Law. There’s a web application that makes it easy to find a liability insurance lawyer in Ontario, a real estate lawyer in BC, or a legal malpractice lawyer in Calgary. You can find a lawyer anywhere in Canada for anything.
Lawyer refuses to represent Due To Trust Issues
When choosing an attorney, trust is very important, and it goes both ways. Your attorney should trust you just as much as you should trust him/her. There are many documented cases in which the attorney did not feel good communication or trust with the client. That’s when they refuse the case, simply because there can be many complications along the line because of the lack of communication and/or the trust issues.
A lawyer will normally walk away from the representation of a client if there is no trust. Your legal issues come second to the lawyer’s licence. No amount of money from doing legal work will encourage a lawyer to take on massive risks.
Lawyers always have a fiduciary responsibility.
Unwittingly Hurting Your Case
When it comes to personal injury, there are certain times when a lawyer may say no to taking your case simply because you unwittingly hurt your case. No lawyer wants to take on a losing cause. So, if you botch it from the very start, then they will likely turn you down.
For example, you may have accidentally admitted that the accident was your fault, or you may have posted things on social media that contradict your injury. If the case builds on the fact that the accident made you unable to walk properly, then a video of you dancing your heart out at the club or going hiking may compromise your case.
Lawyer refuses to represent Before of The Statute of Limitation
Even though you are entitled to compensation, and you were not at fault for causing the accident, the attorney might also refuse your case because you did not respect the time frame.
As it is with many other filings, you should know that there is a time frame from the moment of the accident until you can file for the lawsuit. Normally, this time frame ranges from one to six years but it is best to do it within two years. It is also very important to know that it may vary, depending on your injuries and the type of claim, as well as the state you’re in.
Legal Work and Case Complexity
If you are minding your business driving and are hit by a car while making a legal turn, then this case is pretty straightforward. However, if you are trying out clothes and a metal fastener breaks off and hits you straight in the eye, injuring you in the process, even an experienced lawyer may have trouble determining who was at fault here.
Some attorneys may take up the challenge, but not all of them will find the risk worth it. If the lawyer is still in the beginning, they will not want to put a black dot on their career, simply because they did not know how to properly put on clothes. This is especially the case if the injury was only an annoyance, without actually being anything big.
Below are some questions you should ask a lawyer before hiring them:
- Has anyone at your firm ever gotten in trouble with the Law Society or the State Bar Association for a trust account issue
- Have you ever taken on such cases, like an accident case?
- How available is the firm to take your phone calls?
- How much might the legal fees be?
- If you care, you can ask them which law school they went to.
- What are your legal rights?
The lawyer refuses to represent you conclusion
It’s stressful to go through the legal system, especially when you are dealing with a serious case like family law, criminal case, or personal injury. If you ever question the legal advice you received, you can get a second opinion from another lawyer.
An accident – no matter the type – is no joke. While it is not nice when different lawyers refuse your case, it is very important to know why and what you can do in order to avoid these refusals. We hope our article has helped you in this regard.
Below are some common reasons why people report lawyers:
- The first lawyer they hired did a poor job
- The lawyer’s conduct was not professional
- There was no response after calling the law office multiple times
- The lawyer’s services weren’t up to par
We hope you found this guide on what to do if the lawyer refuses to represent you helpful.
The post Why a lawyer refuses to represent you appeared first on Clearway.
