The attorney is physically or mentally incapable of representing their client. The attorney or their firm is representing an adversary party in the case. This is also known as a conflict of interest. An attorney may submit a motion to withdraw from a case if they have a valid reason to do so. Regardless of whether a client signed a contract with their attorney prior to representation, the client has the obligation to pay their attorney for any services performed.
Conflicting case strategies. Criminal, unethical, or fraudulent activity by the client. An attorney cannot help you commit activities which may be deemed criminal, unethical, or fraudulent.
A successful attorney-client relationship involves a good deal of communication on behalf of both parties. If the client is failing to provide their attorney with requested information or documents, the attorney may seek to withdraw from the case. Client consent. If the attorney receives permission from their client to withdraw from the case, they may do so. Personality conflicts. When attorneys and clients are unable to get along amicably, the likeliness of a successful case outcome diminishes dramatically, and it is often in the best interests of both parties for the attorney to withdraw from the case.
Work With the Right Criminal Defense Attorney If you have been charged with a crime in Mesa, Tempe, Phoenix, Chandler, or another Arizona city, the criminal lawyers at JacksonWhite will work with you to devise the best defense for your case. Call the JacksonWhite Criminal Law team at to discuss your case today. The first issue that the prospective lawyer will look at in any given case is the issue of liability.
Just because someone was injured does not mean that someone else is legally required to pay for these injuries. If the victim is responsible for his or her own injuries, there will be no recovery. A lawyer evaluates a case and determines which parties may bear responsibility for the accident.
The amount of money that a personal injury case can be awarded is based on the damages that the plaintiff the person injured suffers. Damages may include property damage, medical expenses , lost time from work, lost earning capacity, mental anguish and pain and suffering.
An attorney must be able to justify taking the time and expending the necessary resources to handle the claim. This is especially important in personal injury cases because these are usually handled on a contingency fee basis. This means that the lawyer receives a certain percentage of the total settlement or verdict.
If this number is expected to be low, it may not justify a large amount of time expended on the case. A personal injury lawyer may also reject a case if he or she believes that the defendant the person to be sued does not have the proper resources to pay the claim.
In most personal injury cases, insurance coverage is available to help pay for the damages that the victim sustains.
However, in some situations, insurance coverage may be denied or a private party may not have insurance coverage that applies. In that case, the defendant's resources will need to be tapped into in order to collect on the eventual settlement or judgment. If a defendant is financially unable to pay for the damages that he or she is responsible for, the lawyer may not receive his or her agreed upon fees. Likewise, if the lawyer believes that there will be difficulty collecting on the judgment for a reason such as most of the defendant's resources are tied up in legally separate entities or corporations, he or she may be unwilling to take the risk of pursuing the case.
Because most personal injury cases are taken on a contingency fee basis, this means that the lawyer may invest a significant amount of time in a case with no guarantee that he or she will be paid for his or her time.
A lawyer handling a case with a contingency fee may also pay for some of the expenses associated with the case. If the case goes to trial, this can mean that the lawyer pays to take depositions, to copy documents for discovery, copy documents that will be used as evidence, prepare exhibits, pay medical experts and pay other experts to provide valuable information about the case.
If these expenses are too much, the lawyer may not be able to afford to handle the case and may decide to reject it. In contrast, a lawyer may accept those cases that he or she feels confident will compensate for the risk and expenses that the lawyer faces. A personal injury attorney must analyze how long a case may take. If the case is expected to take a long time, the lawyer may not receive the money that he or she invests in the case for a long time. He or she may not be able to carry this risk.
Additionally, if the case takes too long, this may not allow the lawyer to be available to take advantage of other cases. If there is a complex and novel issue involved in a case, the lawyer may not feel that he or she has the necessary experience to properly handle the case.
While research may help make the lawyer competent to handle the legal issue, this may involve another investment of time. Likewise, if the attorney does not handle the particular type of personal injury case, he or she may decline to handle the case. Similarly, if the case involves governmental immunity, federal court jurisdiction or other jurisdictional matters, the lawyer may want to avoid the complications that these factors may entail.
Attorneys must adhere to a strict set of ethical guidelines. If they violate these guidelines, they can risk losing their professional license. An attorney may reject a client if he or she previously represented the defendant. If he or she is morally or intellectually at odds, he or she may also perceive a conflict and choose to reject the case.
In some instances, a personal injury attorney may not feel that he or she has good rapport with a particular client. If the attorney feels like the client does not trust him or her, the attorney may simply not take the case rather than face client difficulties down the line. Sometimes a client who has been rejected by previous attorneys may raise red flags that a new attorney may want to avoid.
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