Why Lawyers Reject Your Case, Part 1: Common Legal Reasons
DADvocacy™ | July 6, 2023You have visited two different law offices, explained your facts truthfully each time…and walked out empty-handed. Now what?
Two different lawyers rejected your case. You’re not feeling optimistic about your prospects.
Why do lawyers keep rejecting your case?
Each lawyer may have a different reason from the other lawyer, and each might have more than one reason for declining your case.
The list below outlines the most common legal reasons that family law attorneys decline cases:
1. Your spouse visited that law office before you did.
Your initial introductory consultation with an attorney does not create an attorney-client relationship by itself. The attorney-client relationship is formed through a successful consultation in which you both agree to the retainer’s terms, including the payment of fees for services.
However, that initial consultation does give you a certain protection: confidentiality.
Confidentiality is essential for attorneys to assess your case properly. How else can they know the strengths and weaknesses of your case unless you speak honestly about facts that may be distasteful or damaging to you?
Confidentiality gives you the protected space to talk without fear of repercussions. The lawyer owes the duty of confidentiality to you after you leave the office – even if you do not retain that attorney.
Once the lawyer knows sensitive facts about your life, the lawyer cannot accept your soon-to-be ex-spouse as a client, which would be grossly unfair to you. Whoever gets to that attorney first thereby takes the attorney off the market for the other spouse.
This issue is called a conflict of interest. If you arrive at the lawyer’s office after your spouse had a consultation, the lawyer cannot accept your case because there is a conflict of interest: the lawyer must maintain confidentiality with your soon-to-be ex-spouse, and the lawyer cannot represent you, as the lawyer knows privileged information that is damaging to your spouse’s case.
2. You violated previous court orders, especially discovery orders.
If you have a history of violating court orders, an attorney will be concerned about accepting your case: will you also disregard her advice, thereby putting her in a potentially difficult professional situation?
In divorce, alimony, and child support proceedings, your case will likely require you to divulge personal information, including your financial information, such as banking statements, credit card statements, debt balances, crypto accounts, online accounts, stock holdings, tax returns, and more. That is part of the process for mandatory financial disclosure. If you refuse to share these items, then you are not serious about your case and doing your share of the work.
If you refuse to disclose your information despite a court order to do so, you place your case in jeopardy, and by extension, your attorney’s reputation can suffer. Why should an attorney take on that risk?
3. You will lose your case.
A lawyer wants to help with an achievable goal.
You may feel justifiably angry over an event related to your case, but that does not mean your case is automatically meritorious.
An attorney cannot, in good faith, accept your money and lead you to believe that you can obtain your desired outcome when, in actuality, you have no standing, or your case is meritless.
For example, perhaps you have decided that you have always wanted to be an artist, and now is the time to quit your job in the logistics field, which pays $120,000 annually. Consequently, you require a downward modification of child support, and that’s why you visited the lawyer.
You will likely lose.
In this above example, Florida law is not on your side, as you have become voluntarily underemployed or unemployed. The public policy of Florida maintains that parents should contribute to their children’s needs before they merely pursue their own interests. Knowing these realities, a lawyer may decline your case since most judges will find it devoid of merit.
While you search for the right attorney, the DADvocacy™ Law Firm reminds you to document interactions through an app, such as Talking Parents, and maintain a low profile on social media.
This blog post is part of the DADvocacy™ Law Firm’s series, “Why Lawyers Reject Your Case.” Visit our other posts to enhance your legal savvy and to understand how a lawyer thinks through case consultations:
If you believe that a dedicated fathers’ law firm is the right one for you, please talk with us. Our approach is rooted in our commitment to advocacy:
Our Florida fathers’ rights lawyers know that most dads are facing an uphill legal battle when pulled into a divorce. Family law courts historically rule out of favor of men due to preexisting social biases…[W] believe in a fair and balanced legal process that protects and upholds the rights of divorcing fathers, not shuns them.
As a service to dads, the DADvocacy™ Law Firm offers free resources in our DIY Toolshed. While such resources can never substitute for the services of a licensed attorney, they can help you to familiarize yourself with the legal process.
Warning: All posts on this website and partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. The information is not legal advice and should not be treated as such. This blog post does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm.
