When to Turn Down a Family Law Case | How to Decline a Case
You'll come across family law cases you'd rather not take on. Asking in-depth questions at the initial consultation will save you from dedicating time and energy to the wrong case.
There are several valid reasons to turn down a family law case — and professional ways to do it.
Reasons to turn down a case
Common reasons to turn down a case include:
- Conflict of interest: Previously consulting with or representing the other party is the most straightforward reason to turn down a case.
- Matters outside your expertise: You'll want to avoid taking on a case that involves matters you're not equipped to litigate.
- Too many cases, not enough time: You may not have time to spare due to your existing family law caseload.
- Toxic client: Signs of a toxic client include firing multiple lawyers for the same matter, being rude to you or others in your office and focusing on hurting the other party rather than getting a reasonable outcome.
- Disobedient client: A potential client who isn't following court orders may also ignore your advice. Those who've ignored discovery requests may withhold information from you.
- Selfish parent: In a child custody case, a client who prioritizes their wants over the child's best interests is a red flag.
- Weak case: You don't want to engage in a battle you know you can't win. Avoid cases with nonstarters, like shaky or nonexistent legal grounds and lots of hearsay without proof.
- Unrealistic expectations: A client who wants the court to go beyond its powers will always be disappointed with the outcome. A common example is a divorcing spouse who wants to force their former spouse to keep them as the beneficiary of a life insurance policy.
- Insufficient client funds: Although a client may have solid grounds for a case, it may require more of your time than they can afford. It's often best to let the case go rather than stop short due to insufficient funds.
How to turn down a case
You can inform the potential client of your decision immediately after the consultation or later via phone, letter or email. Your reasoning doesn't have to be specific. Some family law firms have a generic response they give to those they choose not to represent.
Be clear that you cannot represent the prospective client, but don't dash their hopes of resolving their legal issue.
The following tips and examples can help:
- Make it about you. "Unfortunately, I can't give your case the attention it requires."
- Show that you want to help but can't. "I hear and understand your concerns, but I don't have the tools to get you what you want."
- Keep it positive. "I see the merits of your case, but I won't be able to help you get your desired outcome. Another attorney may."
- Offer up some general advice. "I empathize with your situation, but the basis of your case is not immediately clear to me. My advice is to look into the child custody laws in our state and build from there."
- Refer them to another lawyer. "Unfortunately, your case is outside of my area of expertise. [Lawyer's name] could be a great advocate for you." Ask the referenced lawyer if this is acceptable before referring the person to them.
- Leave the door open (if you can eventually help). "I cannot help you with your case at this time, but I may be able to help in the near future."
If they continue to contact you after you turn down their case, remain firm in your position: "I'm not the right attorney for this case. Please seek representation elsewhere."
Staying organized for custody cases you accept
You have to keep track of numerous reports and documents for each of your custody cases. With the Custody X Change online app, create and store them in one place.
In Custody X Change, you can make:
You can also collaborate with your client as they keep a custody journal, track expenses, and message their co-parent through the app.
Custody X Change is how to stay organized as a family lawyer. It makes your work easier and your clients happier.