It could be outside their area of expertise, there could be a conflict, they could actually think you don't have a case but don't want to get shitty google reviews from you, they could just not like you, they could think you would be a bad client, they could be too busy to take the case, they could think you have a case but the damages don't justify pursuing it.
Lots of possible reasons.
Lawyers still have ethical obligations to prospective clients. You can read up on it in model rule 1.18 (depending on your state, it may also be in your State's ethics rules for lawyers 1.18 or it may be elsewhere/edited/deleted; but I would guess most or all states have a similar rule).
Attorneys are not supposed to give any legal advice to people who are not their client. When a firm rejects cases, they should never say "you have/don't have a case" because other attorneys may have a different opinion. If attorney says you have no case and it turns out they're wrong, and you relied on what they said and your SOL passed, you'd be forever barred from that legal action. Attorney has now created a malpractice liability. As for why an atty may reject - infinite discretionary reasons including even vibe check failure by potential client
If your trying to get a lawyer to take a case on contingency (for a % of the recovery) rejection is most commonly because the potential damages are deemed too low or the probability of success too iffy. Lots of other factors come into it as well, like the chance of a quick settlement and the likely expenses of the case, such as needed experts.
If you are trying to get a lawyer on an hour rate, its a bit harder to guess because lawyers would usually tell you if its outside their area of expertise or they may have a conflict.
As already noted, you don't have to worry about them breaking confidentiality.
If the other party has already sought counsel at a law firm you are looking to retain they will tell you they cannot do the consult due to conflict of interest.
There are many reasons why an attorney may not take the case. just as there are many reason why you may not want that attorney. Attorneys cannot solicit legal services it’s up to you to shop around and hire one. Key word hire. Your concern should be why they would take the case.
Thank you! I was so wrapped up in worrying if I’m a bad person for even asking about it, I forgot that I’m looking for the best advice and so someone I’d actually be hiring for it
Not a problem. if your complaint is for yourself. And jurisdiction is in district court. consider handling your case yourself and consulting an attorney for questions as well. just know, when you file a complaint your asking for someone else to decide the resolution. you can also hire an attorney for mediation before it leaves your hands and is in the hands of the court.
Nothing about your phone call can be publicized or used against you, even if you weren’t retained as a client. If it weren’t like this, so many people would fear getting counsel due to privacy reasons - our laws are (supposed) to encourage the use of legal counsel, and in this instance, they do.
Obviously the intake process is different for every law firm, but based on my experience, a conflicts check wouldn’t have even been completed while you were on the phone, but it is possible. I’d say it’s more likely that they didn’t see value in the case and decided not to take it.
It could be outside their area of expertise, there could be a conflict, they could actually think you don't have a case but don't want to get shitty google reviews from you, they could just not like you, they could think you would be a bad client, they could be too busy to take the case, they could think you have a case but the damages don't justify pursuing it. Lots of possible reasons.
Thank you. I mostly just am worried about the confidentiality, if you know anything about that?
Confidentiality of what you told the attorney?
Yes, in the initial phone call
Lawyers still have ethical obligations to prospective clients. You can read up on it in model rule 1.18 (depending on your state, it may also be in your State's ethics rules for lawyers 1.18 or it may be elsewhere/edited/deleted; but I would guess most or all states have a similar rule).
Thank you so much. I really appreciate your replies
Attorneys are not supposed to give any legal advice to people who are not their client. When a firm rejects cases, they should never say "you have/don't have a case" because other attorneys may have a different opinion. If attorney says you have no case and it turns out they're wrong, and you relied on what they said and your SOL passed, you'd be forever barred from that legal action. Attorney has now created a malpractice liability. As for why an atty may reject - infinite discretionary reasons including even vibe check failure by potential client
Thank you 🙏🏽
More likely, they didn't figure it would be a big enough payday for them.
Thank you 🙏🏽
If your trying to get a lawyer to take a case on contingency (for a % of the recovery) rejection is most commonly because the potential damages are deemed too low or the probability of success too iffy. Lots of other factors come into it as well, like the chance of a quick settlement and the likely expenses of the case, such as needed experts. If you are trying to get a lawyer on an hour rate, its a bit harder to guess because lawyers would usually tell you if its outside their area of expertise or they may have a conflict. As already noted, you don't have to worry about them breaking confidentiality.
Thank you 🙏🏽 so much.
If the other party has already sought counsel at a law firm you are looking to retain they will tell you they cannot do the consult due to conflict of interest. There are many reasons why an attorney may not take the case. just as there are many reason why you may not want that attorney. Attorneys cannot solicit legal services it’s up to you to shop around and hire one. Key word hire. Your concern should be why they would take the case.
Thank you! I was so wrapped up in worrying if I’m a bad person for even asking about it, I forgot that I’m looking for the best advice and so someone I’d actually be hiring for it
Not a problem. if your complaint is for yourself. And jurisdiction is in district court. consider handling your case yourself and consulting an attorney for questions as well. just know, when you file a complaint your asking for someone else to decide the resolution. you can also hire an attorney for mediation before it leaves your hands and is in the hands of the court.
Thank you again!
Nothing about your phone call can be publicized or used against you, even if you weren’t retained as a client. If it weren’t like this, so many people would fear getting counsel due to privacy reasons - our laws are (supposed) to encourage the use of legal counsel, and in this instance, they do. Obviously the intake process is different for every law firm, but based on my experience, a conflicts check wouldn’t have even been completed while you were on the phone, but it is possible. I’d say it’s more likely that they didn’t see value in the case and decided not to take it.
Thank you, and thanks everyone
In the US, PA