What If a Lawyer Doesn’t Want to Take My Case?

You’ve taken the brave and proactive step of contacting a car accident lawyer. You explain the details of your crash, your injuries, and your struggles with the insurance company. You feel confident you have a strong case. But then, the lawyer says the words you didn’t expect to hear: “I’m sorry, but we won’t be able to take your case at this time.”

A rejection like this can feel like a devastating blow. It’s easy to internalize it as a judgment that your case has no value or that you did something wrong. You might feel like giving up entirely.

Before you do, it is crucial to understand that a lawyer declining your case is not a final verdict on its merit. Law firms are businesses, and the decision to take on a new case is a complex business calculation. There are many practical and strategic reasons why a specific attorney might say “no,” even to a case that another excellent attorney would be eager to accept.

Useful Information for You: In a Nutshell

• Don’t Take It Personally: A rejection is a business decision, not a personal judgment on you or the validity of your suffering.
• It Doesn’t Mean Your Case is Bad: There are numerous reasons a lawyer might decline a case, many of which have nothing to do with whether you can win.
• Common Reasons for Rejection: These include unclear fault (liability), minor damages that don’t justify the cost of litigation, a conflict of interest, or the case falling outside the firm’s specific area of expertise.
• The Most Important Step: Get a Second Opinion: The single most important thing to do after a rejection is to contact another, different law firm for a second (and even third) free consultation.
• Be Honest with the Next Lawyer: When you speak to the next attorney, be upfront that another firm reviewed your case and tell them why they said they declined it.

Common Reasons a Lawyer Might Decline Your Case

Understanding why a firm might say no can help you demystify the process.

1. Issues with Liability (Unclear Fault)

This is a very common reason. If it’s incredibly difficult to prove that the other driver was more at fault than you were (a “he said, she said” situation with no witnesses or physical evidence), the lawyer may feel the risk of losing the case at trial is too high. Since they work on a contingency fee basis (they only get paid if you win), they are taking a significant financial risk with every case they accept.

2. The Damages are Too Low

A lawyer might believe you have a valid claim and could win, but the potential recovery amount is too small to justify the immense time, effort, and upfront costs required to pursue it. For example, in a minor accident with very limited medical bills and a quick recovery, the potential settlement might not even be enough to cover the costs of litigation if the insurance company refuses to be fair.

3. It’s Outside Their Niche or Expertise

You may have contacted a great personal injury lawyer, but perhaps your case involves a complex product liability issue with a defective airbag. The lawyer might recognize that this requires a very specific type of expertise that their firm doesn’t have, and they may decline in your best interest, referring you to a specialist.

4. The Statute of Limitations is Too Close

If you wait until a few months before Washington’s three-year statute of limitations is set to expire, many firms will decline the case. They simply don’t have enough time to conduct a proper investigation, gather evidence, and file a lawsuit before the absolute deadline.

5. A Conflict of Interest

This is a professional ethics issue. The attorney may have previously represented the other driver involved in your crash, or they may have a relationship with the insurance company that creates a conflict. In these cases, they are ethically bound to decline your case.

6. The Firm’s Current Caseload

Sometimes, the reason is as simple as the law firm being too busy. A reputable, successful firm may simply not have the staff or resources to give your case the attention it deserves at that moment and will decline rather than provide subpar service.

Your Most Important Next Step: Get a Second Opinion

Lawyers, like doctors, have different opinions, different specialties, and different appetites for risk. The fact that one lawyer declined your case means nothing about what another lawyer will think.

• The first lawyer might have felt the evidence of fault was too weak.
• The second lawyer might see a clever way to use the existing evidence to prove negligence.
• The first lawyer might have thought your damages were too low.
• The second lawyer might identify a source of compensation you weren’t aware of.

Do not let a single “no” stop you from protecting your rights. If you’ve been turned down by one firm after your car accident in the Tacoma area, your journey isn’t over. Search the Car Accident Lawyer Directory Tacoma to find and compare other trusted local attorneys. Schedule another free consultation, get a fresh perspective, and find the advocate who is the right fit for you and your case.

References

• Washington State Bar Association (WSBA) – Rules of Professional Conduct (RPC 1.16 – Declining or Terminating Representation):The official ethics rule that outlines the circumstances under which a lawyer must or may decline to take a case.https://www.wsba.org/for-legal-professionals/rules-of-professional-conduct/rpc-1-16
• American Bar Association (ABA) – “How to Find the Right Lawyer”:A consumer guide from the ABA that implicitly supports the idea of “shopping around” and getting multiple opinions to find the right fit.https://www.americanbar.org/groups/public_education/resources/public_information/how-to-find-the-right-lawyer/