- May 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Legal Advice and Potential Conflict of Interest
I reached out to a lawyer’s office seeking guidance on whether or not to proceed with a case. The lawyer asked me a few questions regarding the parties involved, but ultimately stated that they could not advise me on the case and were not interested in representing me.
### Potential Conflict of Interest
This response has left me wondering if the lawyer’s refusal to take me on as a client could indicate that my potential legal opponent is already a client of the attorney. If this is the case, does this mean that my opponent’s interests may be influencing the lawyer’s decision to not represent me?
### Concerns About Confidentiality
As I sought advice from the lawyer, I assumed that client confidentiality would apply. Therefore, if my possible legal opponent is indeed a client of the attorney, does this mean that the attorney is prohibited from disclosing my inquiries about the case to their client?
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****** just grabbed a
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.
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
More likely, they didn’t figure it would be a big enough payday for them.
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.
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.
In the US, PA