Communicating with a prospective client is always a delicate situation. As a lawyer it is important to maintain any information given in confidence. It is important that when an attorney declines a case they communicate effectively and clearly with the client. A lawyer should use caution when informing a prospective client that they will not be accepting their case because they need to be sure there is no doubt in the other persons mind that they are not handling the case.
Communicating news such as not accepting a case is best done through written communication so that the attorney can cover themselves if there is ever a question as to what was said. The attorney needs to be sure to explain to the prospective client that they may still have a valid case and if they chose to pursue it they should contact another attorney before the applicable statute of limitation expires.
A few of the common reasons that a lawyer would decline a case are:
-If the case does not meet the legal standard of a meritorious claim, lawyers cannot accept the case.
- If the lawyer has a conflict of interest, if they have a relationship with the people or company on the other side of your problem, they cannot accept representation.
-If the lawyer is not sufficiently knowledgeable or qualified to handle the problem, they are required to decline representation.
-If the prospective client and the lawyer cannot agree on the scope and strategy of a case, they will decline to be involved. This includes the fundamental question of whether the legal fees to be expended are proportional to the likely outcome.
Source: Columbus Bar Association, The People’s Bar: Finding a Lawyer FAQ http://www.peoplesbar.org/findingalawyer/faq.php
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