How Does a Lawyer Decide to Take a Case?

Use these links to jump to different sections:

• What Happens at the Initial Consultation and Case Evaluation?
• Legal and Practical Considerations
• Financial Aspects of Taking a Case
• Strategic Decisions and Risk Assessment
• Find Experienced Legal Help

When deciding to take on a case, a lawyer evaluates several important factors. They assess the strength of your legal claim, the likelihood of success, and the potential compensation that could result. Personal injury attorneys, for example, often focus on the extent of your injuries and whether someone else’s negligence is involved. Financial considerations, such as the costs of building the case and the potential payout, also play a major role.

Every case is unique; a lawyer’s decision depends on legal merit and practical concerns. If you’re facing a legal challenge, consulting with an attorney can help you better understand your options and next steps.

What Happens at the Initial Consultation and Case Evaluation?

The goal of the initial consultation is to give both the lawyer and the client a sense of whether the case is viable and what steps should be taken next. Often, lawyers offer the initial consultation as a “free case evaluation” to encourage potential clients to come in and talk. Lawyers who work in legal niches that the general public commonly uses are most likely to offer this, such as personal injury, car accidents, family law, medical malpractice, and estate planning.

During this first meeting, the lawyer will ask about the events that brought the individual to their office and the facts of your case. They will ask for relevant documents related to the incident, such as a contract, lease agreement, police reports, medical records, or previously created estate planning documents. It is essential for you to provide as many details as possible and be as accurate as possible when telling the attorney about the situation. That way, the lawyer can accurately assess the situation to identify any legal issues. For example, a personal injury lawyer will ask about how the injury happened, the extent of your injuries, and the legal issues that arise. With this information, the lawyer will evaluate the viability of a personal injury claim. 

Alan Nochumson represents clients in a broad range of real estate matters for the firm of Nochumson P.C. in Philadelphia, Pennsylvania. He explains that real estate law can impact a broad range of people, requiring lawyers to be flexible in their approach to practicing real estate law. “[Attorneys in real estate law can handle] residential, commercial, mixed-use industrial. We also have clients who are businesses that have purchased an investment property and, for whatever reason, didn’t discover an issue with the property when they purchased it.”

Assessment of Viability for Cases

In a case evaluation, the lawyer will assess the claim’s viability. In a personal injury case, for example, the first step is to consider the extent of the injuries. More severe injuries or those with lasting impacts create a more viable claim than those that are less severe or temporary. The next step for the lawyer is to identify potential legal issues that arise from the incident. They will look for legal elements like duty of care and negligence. 

Lawyers who practice criminal defense take a slightly different approach. They will ask the potential client to describe what happened leading up to, during, and after the situation. They will read the police reports and review any evidence gathered. Then, they will assess the criminal charges the individual is facing and if there are any potential rights violations. 

Once the lawyer has everything they need, they will evaluate the time and resources to represent the client effectively. They will also determine the likelihood of success. Part of this evaluation involves the lawyer considering their current and future workload.

Legal and Practical Considerations

Several factors impact a lawyer’s ability to take on a client that is beyond the facts of the circumstances. First, lawyers typically focus on a specific area of law. They will stay within their comfort zone because they can better represent clients as they build experience within that niche area. If a potential client comes to them with a request that is outside their practice area, the lawyer is more likely to turn the client down or give them an attorney referral.

Even if the case is within their area of law, it still may not be a good fit. For example, some lawyers working in personal injury law may focus on medical malpractice, while others may focus on car accidents. Both cases can be incredibly complex, so a lawyer is unlikely to take on the other category. Another example is a lawyer representing car accident victims, who may focus their practice on negotiation and mediation. In contrast, another lawyer may focus their practice on taking car accident injury claims to trial. Going to trial requires significant time and financial resources, so a firm that focuses on negotiations may be hesitant to accept a claim going to trial. 

Statute of Limitations 

Another common consideration is the statute of limitations. This is the time limit someone has to bring their claim. If the statute of limitations has already run, the individual most likely won’t be able to bring their claim in a legal setting. A lawyer will let the potential client know of the statute of limitations and how it can prevent them from having their claim heard. 

Time Considerations 

Legal cases that seem simple and straightforward can quickly become complicated and time-consuming. A lawyer with experience will look for signals that indicate the demands on the lawyer and firm. The lawyer may need to perform depositions—recorded sworn testimony of involved parties and witnesses. Some cases require the lawyer to locate and brief expert witnesses. These can be costly and time-consuming. Finally, some cases require mandatory arbitration, which requires a greater time commitment and can extend the legal process. 

Conflicts of Interest 

A lawyer has to check for potential conflicts of interest before taking on a new client. They cannot take on a new client if they previously represented the opposing party. They cannot represent a client if the lawyer is involved in other matters that could compromise their ability to represent the client effectively. 

Lawyer Referrals

If a lawyer determines that they cannot functionally represent the client but the client has a viable claim, they may provide a referral. The lawyer will consider their professional network to recommend another lawyer who may better fit the case and the client. If the lawyer does not have anyone they can recommend, there are referral services that individuals can use to find the right attorney. You can also go to the state’s bar association to see a directory of lawyers who can practice law in the state.

Financial Aspects of Taking a Case

The more complex a legal case is, the more expensive the representation will be. Ultimately, a client needs to be able to afford a lawyer’s services. Lawyers can set their rates, allowing individuals to shop around to find a lawyer and firm that fits their budget.

There are several different methods that lawyers use to charge their clients. The method they use will depend on the type of legal representation they provide and the type of cases they take on. For example, lawyers will commonly charge a contingency fee for a personal injury lawsuit. In this arrangement, the client does not pay unless they successfully recover compensation for their claim. The lawyer takes a percentage of the damages award as their payment. The lawyer carefully chooses their cases because they take on the financial risk of representation. 

Other types of fee arrangements include flat fees, hourly fees, retainer fees, and hybrid arrangements:

• A flat fee is typically charged for straightforward services like filing paperwork or doing a one-off service. This type of fee is typically used when providing estate planning services or representing a client in a real estate transaction.
• Hourly fees are charged based on the number of hours the lawyer spends working on the client’s case. Lawyers will typically use this fee structure when the workload and case timeline can be unpredictable. Criminal defense lawyers will use this fee structure due to the unpredictability of criminal cases.
• A retainer fee is a required upfront lump sum payment the client gives the lawyer to commence representation. The lawyer will then bill against the retainer fee as they perform work. This type of representation is common in complex legal cases, divorce, or employment disputes.
• Finally, some complex cases require different types of representation. A lawyer may agree to a hybrid fee structure that uses different billing methods for the different parts of the case. 

Nochumson explains that not every case should be pursued the same way. He carefully considers a potential client’s best interests when considering taking on their case. “We look at every case the same. First is the person. Is it worth it for them to hire us? Often, people say it’s about the principle—they are acting on emotion. We try to make them unemotional about it. I focus their attention and make sure they understand that you should treat every type of litigation as a business plan. How much money are you going to spend versus how much are you going to collect?”

These considerations can change how a potential client wants to proceed. A client may find that pursuing compensation is not worth the potential amount of compensation. In addition, a client could have a successful claim, and the judgment could not be collectible. Even though the client “won” legally, they won’t be able to be made whole financially.

Upfront Costs 

Many clients do not realize potential upfront costs can impact legal representation. Lawyers need to consider how these upfront costs will be paid during the representation. Class action law firms are most well known for taking on significant costs upfront. The firm will take on the entire cost of representation and then collect its fee once it secures a successful recovery for the large number of plaintiffs named in the complaint.

Other common costs a lawyer will consider are the client’s past, current, and future medical bills, court fees, and litigation costs. Clients with significant medical bills will be more motivated to settle their claim to receive the financial compensation they need to pay their bills.

Strategic Decisions and Risk Assessment

Like everyone else, lawyers want to do a good job and be successful in their careers. No one wants to take on client after client and lose every case. The consultation process is where a lawyer will evaluate their chances of being successful in their representation. Part of this is considering the strength of the case against the other party. The lawyer will also consider the defendant’s situation and resources. If the other party has vast resources, they may be more likely to have a stronger opposition. This can require more time, effort, and resources for the attorney to represent their client in the legal matter. 

Similarly, the attorney will consider possible defenses the opposing party may bring to the table. While a potential client may have a great claim, the opposing party may have a more compelling defense. This can reduce the likelihood of recovery. 

Another consideration is if the opposing party is an insurance company. A lawyer will look at the insurance company’s track record to determine the likelihood of recovery. They will look at past settlement offers, behavior during negotiation, and willingness to go to trial. These considerations help a lawyer determine the likely outcome of a personal injury claim with an insurance company. 

Legal Considerations 

A lawyer will compare the facts and circumstances to previous case law. These are past cases that have similar facts and have already gone through the legal process. Lawyers can use these previous cases to determine the likelihood of success for the potential case in front of them. Similarly, a lawyer can look at the outcomes of a jury trial. This can help a lawyer determine how a jury will receive a potential case. This can indicate if a lawyer should take a case, and if they do, how to approach their representation. In some cases, a lawyer may agree to represent a client but recommend arbitration or mediation instead of going to trial. 

The law is also not static. Times, culture, opinions, and society change, which is reflected in changing laws and legal opinions. So, while there are precedents from similar previous cases, they may not be the hard line on the potential outcome of a current case. An example of this is the potential compensation awarded in personal injury claims. Another example is how criminal cases are treated and the penalties handed out to those found guilty.

Alternative Legal Solutions 

Several dispute resolution remedies are available that potential clients may not be aware of. A lawyer will discuss these alternative solutions with a potential client. A client that is receptive to settlement negotiation, mediation, or arbitration gives the lawyer more flexibility in representation. A lawyer may be more likely to accept the case when they know there is a possibility of resolving a case without going to trial. This approach is helpful when a potential client has a claim but it isn’t clear cut or guaranteed to be a win.

Find Experienced Legal Help

A lawyer’s decision to take on a case involves multiple factors, from the strength of your legal claim to the potential financial outcome. They consider whether your case has legal merit, the costs involved, and the likelihood of a successful outcome. Initial consultations help attorneys assess the details and determine if they can provide effective representation. If you’re facing a legal issue, understanding these factors is key to finding the right lawyer for your case. To explore your options, consider connecting with a trusted attorney through Super Lawyers for expert legal advice and representation.

Visit the Super Lawyers directory to begin your search for an attorney who practices in your legal issue.