When you contact a law firm for help, it can be disheartening to learn they cannot take on your case. At Mostyn Law, we understand this can be a confusing experience, and we believe in transparency. Our goal is always to provide the best possible legal assistance, and sometimes, that means recognizing when a case isn’t the right fit for our firm. We want you to feel informed and confident in your decision-making process.
So, why might an attorney or law firm decline to take your case? Here are some of the most common reasons:
1. Unrelated Practice Area: Is Your Legal Issue a Match?
Just like doctors specialize in different fields, law firms focus on specific areas of law. A personal injury firm, for example, wouldn’t typically handle a divorce case, just as a real estate attorney wouldn’t usually take on a criminal defense matter.
- Example: If you’re seeking help with a family law matter like a divorce, but our firm primarily handles personal injury claims, we wouldn’t be the right fit. It’s about ensuring you get the specialized expertise your case requires.
2. Statute of Limitations (SOL) Passed: Time is of the Essence
Every type of legal claim has a strict deadline by which you must file a lawsuit, known as the “statute of limitations.” These deadlines vary significantly depending on the type of case and the state in which it occurred. If this deadline has passed, a court will almost certainly dismiss your case, regardless of its merits.
In Texas, for most personal injury cases, the statute of limitations is generally two years from the date of the injury. This means you typically have two years to file a lawsuit from the day you were injured. Some exceptions can extend or shorten this period (such as cases involving minors, government entities, or certain types of injuries where the harm isn’t immediately discoverable), but it’s always safest to act quickly.
- Example: If an accident happened several years ago, and the two-year time limit to sue in Texas has already passed, we unfortunately wouldn’t be able to pursue your claim.
3. Declined Decision by Attorney: Merits, Resources, or Fit
Sometimes, after an attorney reviews the details of a potential case, they may make a professional decision not to take it on. This isn’t always a reflection on the validity of your situation, but rather a strategic decision based on several factors:
- Case Strength: The attorney may believe the evidence is insufficient or the potential for a successful outcome is low.
- Resources: The case might require resources (time, financial, or specialized expertise) that the firm currently cannot allocate.
- Profitability: For a law firm to operate and continue serving clients, cases must be financially viable. If the potential costs of litigation outweigh any possible recovery, it may not be feasible for the firm to proceed.
4. Out of State: Jurisdiction Matters
Laws and legal procedures vary from state to state. Most law firms are licensed to practice only within specific states. Mostyn Law’s main office is located in Houston, Texas, and we primarily serve clients within the following areas:
- Katy, TX
- Houston, TX
- Pasadena, TX
- Pearland, TX
- Sugar Land, TX
- Spring, TX
- The Woodlands, TX
- Bellaire, TX
- Jersey Village, TX
- Cypress, TX
- Montrose, Houston, TX
- River Oaks, Houston, TX
If your legal issue occurred outside these areas, we could not assist you with that claim. However, we may be able to refer you to a reputable law firm in the state where your issue occurred.
- Example: If you had a car accident in California, but Mostyn Law only practices in the areas listed above, we could not assist you with that claim.
5. Wrong Number/Email: We Can’t Reach You
This might seem obvious, but it’s a common reason for a communication breakdown. We understand that providing accurate contact information can be overlooked in the stress of a legal issue. If the contact information you provided (phone number or email address) is incorrect or has a typo, we won’t be able to reach out to discuss your case. Always double-check your details when submitting an inquiry!
6. Has Current Attorney: You’re Already Represented
If you have already retained another attorney for your legal matter, ethical rules prevent us from discussing your case directly. Maintaining a clear line of communication with your current legal counsel is essential.
- Example: If you’ve already hired a lawyer for your car accident case, we cannot represent you on the same matter.
7. PD Assistance Only: Focusing on Personal Injury
At Mostyn Law, our primary focus is helping individuals with personal injuries. While property damage is often a component of an accident, if your claim is *only* for damage to your vehicle and does not involve any bodily injury, it falls outside our core practice area.
Understanding why we typically don’t take on “property damage only” cases is essential. Most personal injury law firms, including ours, work on a contingency fee basis. We only get paid if you win your case; our fee is a percentage of the total recovery. For a property damage only claim, the potential recovery is usually much smaller, and our fee would significantly diminish what you receive, making it less beneficial for you, the client.
- Example: If your car was damaged in an accident, but you did not sustain any personal injuries and are only seeking to recover costs for vehicle repair, we would likely not be the appropriate firm for your needs. In these situations, clients can often resolve their property damage claims directly with their insurance company or the at-fault driver’s insurance company, without needing an attorney.
What Happens If Your Case Isn’t a Fit?
We understand it can be frustrating when Mostyn Law cannot take your case. However, if we cannot assist you, we will guide you to another firm or resource that better suits your needs. While we can’t always provide direct referrals, we encourage you to continue seeking legal counsel that aligns with your unique situation. You are not alone in this journey.
For those in Houston seeking legal assistance beyond our practice areas, we recommend exploring the Houston Lawyer Referral Service. They can help connect you with attorneys specializing in various legal fields.
We always aim to ensure those seeking justice find the right path forward. Even if we can’t be your attorneys, we hope this explanation helps you understand the process better. Remember, our commitment is to help you find the legal representation that best suits your needs.
Contact Mostyn Law:
If you believe your case falls within our expertise and you are located in Houston or the surrounding areas we serve, please do not hesitate to contact us for a free consultation. You can reach us at (713) 714-0000 or click contact us here.
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