Skip to main content

Why Lawyers Reject Your Case, Part 2: Attorneys’ Limits

DADvocacy™ | July 8, 2023

You 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.

Your case might be rejected for reasons that have nothing to do with you or with your case.

The list below outlines the most common reasons that family law attorneys decline cases because of the attorney’s situation:

1. The lawyer’s proficiency does not encompass the particulars of your case.

Every lawyer has strengths and weaknesses, even within one practice area of law.

Your case might have particulars outside the scope of the lawyer’s knowledge, which include, but are not limited to:

      • the simultaneous presence of other civil or criminal issues;
      • disability issues of either party or the child(ren);
      • the division of disputed business assets and liabilities between two self-employed people with ambiguous distinctions between personal and business property; or
      • a contested prenuptial agreement, which may result in a malpractice claim against another lawyer; etc.

In this situation, it’s not that your case is bad or meritless. There’s nothing objectionable about you or your situation.

The problem here is that you may need help in reaching the attorney who can handle your specific intersecting issues.  The local or state bar association chapters or other lawyer referral programs may be of assistance.

2. The lawyer is reluctant to enter your case “mid-stream.”

If your case is already in progress and you then fire your attorney, what happens next?

You will likely approach another attorney to represent you. Your next attorney “inherits” all of the good and the bad of your case – including all of the issues that led you to fire the previous attorney. Your next attorney is now liable for your case, which includes wherever the previous attorney left you.

Not every attorney is in a position to accept a difficult or complicated case, especially those in which the new attorney assumes responsibility for the actions of a previous attorney.

3. The lawyer – at the time of your visit – cannot accept more cases that require a certain number of hours.

This reason has literally nothing to do with you.

Every lawyer accepts a certain number of cases to handle at any given time.  This number depends on the individual attorney. It also depends on the type of cases accepted: a straightforward divorce without bickering and without assets between two employees is a different workload than a complex, heated divorce between two business owners.

You might have consulted an attorney who could accept an easy divorce, but who cannot log the hours for the specific logistics of your divorce needs. That attorney is simply overbooked.

Sometimes it’s just not about you.

While you search for the right attorney, the DADvocacy™ Law Firm reminds you to document interactions through an app, such as Talking Parents, and to 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.

Categories:

Family Law

Leave a Reply