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What type of case will most attorneys refuse to take?

What Types of Cases Will Most Attorneys Refuse to Take?

The Unwinnable Cases Attorneys Avoid

Think about it this way: would you hire someone to remodel your kitchen, if they told you upfront the finished product would be a disaster? Of course not. Similarly, why would an attorney take a case they believe is unwinnable? It makes no sense for them – or for you. So, what types of cases do most attorneys refuse? Let’s look at some of the big ones:

Cases With Overwhelming Evidence of Guilt

If the evidence against you is overwhelming, most defense attorneys will run – not walk – away from your case. Why? Because an ethical attorney has to follow the rules of professional conduct. They can’t knowingly help you commit a crime or perpetrate a fraud on the court. For example, let’s say you were caught red-handed, on multiple camera angles, robbing a bank at gunpoint. The footage is crystal clear. Your fingerprints are on the weapon. Witnesses ID’d you. And, when the police arrested you, you had the stolen cash on you. An attorney would have to be out of their mind to take that case – the evidence is indisputable.

Cases With an Extremely Unsympathetic Client

Attorneys are human too. And most won’t want to spend months, or even years, working with someone they find morally reprehensible or extremely difficult. So, if you’re an unrepentant criminal who brags about your misdeeds, good luck finding an attorney. Similarly, if you’re rude, hostile, or make offensive comments during the initial consultation, many lawyers will tell you to get lost. They don’t have to put up with abuse from clients.

Cases Involving Extremely Unethical Conduct

Even criminals have lines they won’t cross. And so do attorneys. For example, let’s say you want to hire an attorney to defend you against charges related to exploiting children. Good luck finding a reputable lawyer who will take that case – most will refuse on moral grounds alone.

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Cases With Extremely Low Monetary Value

Let’s be blunt: attorneys are running a business. They need to earn a living. And they won’t take cases where the potential monetary award is extremely low – because it’s not worth their time and effort. For example, let’s say you got into a fender-bender and suffered $500 in damages. Even if you’re completely in the right, good luck finding an attorney who will take that case on a contingency basis. The potential monetary award is so low, it’s not worth their time.

Cases Where the Client is Extremely Difficult

During the initial consultation, the attorney is evaluating you as much as you’re evaluating them. And if you seem like an extremely difficult client – someone who will be impossible to work with – many attorneys will simply refuse the case. For example, let’s say you constantly talk over the attorney, make outrageous demands, and seem unwilling to listen to their advice or expertise. In that situation, the attorney may decide it’s better to cut ties before taking you on as a client.

Cases Where the Statute of Limitations Has Expired

There are strict time limits for filing different types of cases, known as the statute of limitations. If you go to an attorney after the statute of limitations has expired, they’ll have to turn your case away – because, legally, there’s nothing they can do. For example, in New York, the statute of limitations for filing most personal injury cases is three years from the date of the incident. If you try to hire an attorney four years after a car accident, they’ll have to reject your case – it’s too late. So those are some of the big categories of cases most attorneys will automatically refuse. But what if your case doesn’t fall into any of those? What then?

When Attorneys Might Take a Difficult Case

Even if your case doesn’t scream “unwinnable” at first glance, most attorneys will still think long and hard before taking it on – weighing the pros and cons. Here are some factors they’ll consider:T

he Potential Monetary Award vs Their Expected Costs

As mentioned, attorneys need to earn a living. So they’ll carefully evaluate the potential monetary award of a case versus their expected costs in working it. If the potential award seems too low to justify the costs, they’ll likely turn the case away.For example, let’s say you were injured in a car accident, but your damages are relatively minor – $10,000 in medical bills, a few days off work, etc. An attorney will have to spend thousands hiring expert witnesses, gathering evidence, going through discovery, and actually trying the case. If they don’t think they can get you a settlement or award high enough to justify those costs, they’ll probably decline.

How Difficult It Will Be to Prove Liability and Damages

Attorneys hate cases where proving liability or damages will be an uphill battle. They’ll want strong evidence that someone else was at fault and that you suffered legitimate damages. If that evidence is shaky or circumstantial, they may pass.For example, let’s say you were injured in a multi-car pileup, and it’s not clear who is at fault. Or you’re claiming lost income due to your injuries, but you were unemployed and looking for work at the time. Those ambiguities may lead attorneys to reject your case.

Whether You’ll Be a Difficult Client

Attorneys don’t just evaluate the facts of the case – they evaluate you as a potential client. If you seem like you’ll be difficult to work with – not following advice, having unrealistic expectations, being rude or dishonest – they may decide it’s not worth the headache.For example, let’s say you admit, right off the bat, that you plan to lie on the witness stand. Or you insist that you’re entitled to $10 million for a fender-bender. Those kinds of red flags may lead an attorney to politely decline your case.

Whether the Case Aligns With Their Expertise

Attorneys are experts in specific practice areas. If your case falls outside their wheelhouse, they may refer you elsewhere rather than take it on themselves.For example, let’s say you approach a criminal defense attorney about filing a medical malpractice case. That attorney may say, “That’s not my area of expertise. Let me refer you to someone who specializes in med-mal cases.”

Whether the Case Could Create a Conflict of Interest

Attorneys have to be extremely careful about conflicts of interest. If taking your case could create a conflict – such as suing a current or former client – they’ll have to turn you away. For example, let’s say you want to sue a company for wrongful termination. But that company happens to be an existing client of the law firm you approached. The firm would have to reject your case to avoid a conflict. So in summary, even cases that don’t seem overtly “unwinnable” may get rejected if the potential costs and headaches outweigh the potential benefits for the attorney. It’s an unfortunate reality of the business.

What If an Attorney Rejects Your Case?

If an attorney rejects your case, don’t take it as a sign that you definitely don’t have a case. Remember, they’re evaluating it through the lens of “Is this case worth my time and effort?” Not necessarily “Is this case completely meritless?”A case one attorney rejects, another may accept. So get a second opinion, or even a third. But, be prepared that you may get the same response multiple times. If every attorney you talk to refuses your case, it may be time to re-evaluate the merits and your expectations.

The Spodek Law Group: We’ll Evaluate Your Case With No Judgment

At the Spodek Law Group, we understand that good people can find themselves in difficult situations, facing charges they never could have imagined. That’s why we make it a point to evaluate every potential case with an open mind – no judgment. During your free consultation, we’ll listen carefully to the details of your situation. We’ll look at the evidence, the potential challenges, and whether we believe we can effectively represent you. If we don’t think we’re a good fit, we’ll be upfront about it – and we’ll do our best to refer you to someone who may be a better option. But if we do take your case, you can rest assured that you’ll have a team of aggressive, experienced attorneys on your side – a team that will leave no stone unturned in pursuing the best possible outcome for you. We understand what you’re going through, and we’ll fight tirelessly to protect your rights.Because at the end of the day, that’s what the Spodek Law Group is all about: results, not excuses. Schedule a free consultation today and let us evaluate your case.

The Factors Attorneys Consider When Evaluating a Case

When you sit down for a consultation with a prospective attorney, they’re evaluating much more than just the facts of your case. Here are some of the key factors they’ll be considering:

The Strength of the Evidence

This is obviously a huge factor. Attorneys will want to see hard evidence that supports your version of events and undermines the opposition’s case. Things like:

  • Photographs or videos of the incident
  • Physical evidence collected from the scene
  • Testimony from independent, credible witnesses
  • Documents, records, or data that corroborate your claims

Potential Challenges in Proving Liability or Damages

Even with strong evidence, attorneys will consider whether there are potential roadblocks to proving liability or damages. For example:

  • If it’s not clear who was at fault based on the evidence
  • If there are questions about the extent of your damages
  • If there are jurisdictional issues that could complicate things
  • If there are potential issues with statutes of limitations

Attorneys want cases where proving liability and damages is as straightforward as possible. If they foresee a potential minefield of challenges, they may pass.

The Potential Value of the Case

Let’s be blunt: attorneys don’t work for free. They’ll need to consider whether the potential value of a case justifies the time and resources they’ll need to spend on it. For example, a multi-million dollar personal injury case with clear liability? That could be worth their while. A $10,000 small claims case? Probably not.

Your Ability to Be an Effective Client

Attorneys will evaluate you just as much as the facts of the case. They’ll consider whether you’ll be an effective, cooperative client who follows their advice. Or whether you’ll be difficult, dishonest, and have unrealistic expectations. Things like being rude during the consultation, being evasive about key facts, or making outrageous demands are red flags. Attorneys want clients they can have a productive working relationship with.

Whether the Case Aligns With Their Expertise

Attorneys are experts in specific practice areas. If your case falls outside their wheelhouse, they may refer you to someone with more relevant expertise rather than take it on themselves. For example, an attorney who specializes in real estate law probably isn’t the best fit for a criminal defense case. Know their areas of focus and don’t waste their time if your case doesn’t align.

Potential Conflicts of Interest

Attorneys have to be extremely cautious about conflicts of interest, which could prejudice their ability to zealously represent you. If taking your case could create a conflict, they’ll have to reject it. For example, if you want to sue a company that’s an existing client of the firm, that’s a non-starter conflict of interest. Or if the attorney has a personal connection to someone involved in the case.

Their Current Caseload and Bandwidth

Even if a case checks all the other boxes, attorneys may still reject it if they simply don’t have the bandwidth to give it the attention it deserves. They can only take on so many cases at once.If an attorney is already stretched thin with a full caseload, they may politely decline rather than overcommitting themselves. So in summary, attorneys will evaluate your case from multiple angles during that initial consultation. It’s not just about whether you have a strong claim – it’s about whether it’s a good fit for their expertise, their practice, and their business model.

When the Evidence Against You is Overwhelming

Let’s discuss one of the biggest red flags for attorneys: cases where the evidence of guilt is overwhelming and indisputable. In these situations, most ethical attorneys will run – not walk – away. Why? Well, think about it from their perspective. Attorneys have to follow strict rules of professional conduct. They can’t help clients perpetrate frauds on the court or knowingly break the law. Their job is to mount the best possible defense for their client within the bounds of the law and ethics rules. So if you come to an attorney and say, “Look, I knowingly committed this crime. And here’s video evidence of me doing it. But I still want you to try to get me off.” Any reputable attorney is going to tell you, “Sorry, but I can’t represent you under those circumstances.”For example, let’s say you robbed a bank at gunpoint. The robbery was captured from multiple angles on crystal-clear surveillance footage. Your fingerprints were found on the weapon. Credible eyewitnesses identified you. And when the police arrested you, you had the stolen cash on you.In that scenario, what possible defense could an ethical attorney mount? There’s no credible way to argue you’re innocent based on the overwhelming evidence. An attorney who took your case anyway and tried to claim innocence would be violating their ethical duties.

Now, that doesn’t mean the attorney can’t still represent you at all. Even in open-and-shut cases, defendants have a right to counsel. The attorney’s role then becomes things like:

  • Working to get you the most favorable plea deal possible
  • Ensuring your rights are protected and you receive due process
  • Arguing for a lighter sentence based on mitigating factors
  • Advising you on legal strategy and options

But they can’t make arguments or mount a defense that they know to be false based on the evidence. That’s unethical. So if you’re caught dead-to-rights and want an attorney to claim your innocence regardless, you’ll have a very hard time finding any reputable one willing to do that. Ethical violations are a line competent attorneys won’t cross.

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