Is a lawyer allowed to refuse to take a case? Do they have the right to do that?
- 4 weeks ago
Of course. Lawyers are effectively independent contractors (with respect to prospective clients) and lawyers are bound by very strict ethics and other professional conduct codes. Taking on a bad client can destroy the lawyer's career. Lawyers are even prohibited from taking on clients that want them to do work that the lawyers think that they can properly do.
Or the lawyer can just be busy, or lazy, or just may not like you.
In short, a lawyer can refuse any potential client. Maybe if the lawyer refused to take a client due to the prospective client's race or gender or the like could be illegal, but otherwise, lawyers can refuse anything.
Would you want to be forced to do a job and work with someone, particularly if you didn't like or know enough about the type of work?Source(s): I am a lawyer
- 4 weeks ago
Yes they can, it has happened to me, I accepted it, understood not all lawyers think the same way, and found a lawyer that was very helpful. If there was a way to force them then you would ask if it is helpful to seek the counsel of a lawyer who isn't interested, and then again, why bother when you can spend your money on a lawyer that is interested. Perhaps this happens more frequently with state appointed lawyers where they have to take on cases they may not want to.
- FoofaLv 74 weeks ago
A Public Defender sort of has to take whatever client they're assigned to but private counsel can of course pick and choose their cases.
- STEVEN FLv 71 month ago
Absent a contract with the government to act as a court appointed defense attorney, a lawyer is free to choose which cases they accept. In most cases, any information learned while consulting about accepting the case would be protected by attorney/client privilege.
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- xyzzyLv 71 month ago
Of course a lawyer can refuse to take a case. They are private contractors. And there are many reason they might not take a case, such as it is not in their area of practice, they don't think the case has merit, they are to busy with other things or they just don't like you.
- SlickterpLv 71 month ago
A lawyer never has to take your case, unless they are the public defender assigned to your case.
- heleneLv 71 month ago
Of course they're allowed to refuse to take your case. You don't own them.
- Felonious MonkeyLv 71 month ago
Depends on the situation. Most lawyers can refuse to represent you in either a criminal or civil action. However, public defenders are required to take certain cases. A public defender is an attorney appointed by the court to serve as counsel for indigent defendants. This comes from the Sixth Amendment guarantee of right to counsel.
The right only applies when the defendant faces the possibility of jail time exceeding one year. So if you commit a crime with a maximum sentence of 11 months you have no Constitutional right to counsel.
- Anonymous1 month ago
oh yeah .......................................
- ScottLv 61 month ago
If the lawyer is a public defender, he or she will need to provide some justification as to why he/she can’t represent a client. If it is a private attorney, they can just refuse to take your case for almost any reason.