Why Is It Hard To Find Attorneys For Litigation?

  • June 2, 2023
  • 4 min read

Have you ever wondered why it’s often challenging to secure the services of a civil litigation attorney, despite being ready to pay their hourly rate? The common assumption is that attorneys thrive on billable hours, but the reality is more nuanced. Practicing law involves a myriad of tasks, and surprisingly, litigating cases in court is not always the most desirable for many attorneys.

We recently stumbled upon an intriguing Instagram ad from a company called Case Fuel, which boldly proclaimed, “How to escape the courtroom: Never work a heartbreaking case again.” This advertisement serves as a testament to the fact that many attorneys are actively seeking alternatives to courtroom battles. But why is that the case?

The Undesirability of Courtroom Litigation

Litigating cases in court represents the least favorable option for many attorneys. While it’s true that attorneys are advocates for their clients, the courtroom setting introduces a level of unpredictability and emotional strain that is absent from other aspects of legal practice. Here’s why litigating in court is often viewed as the least desirable choice:

  1. Resource Accessibility: Attorneys working on probate cases, corporate formations, or settlement negotiations can operate efficiently from their office, surrounded by all necessary resources. In contrast, going to court removes them from their support staff and places them in a less controlled environment.
  2. Conflict Intensity: Courtroom litigation is typically the last resort when all other avenues, such as mediation and settlement, have failed. Parties often resort to litigation due to a toxic and irreconcilable dispute, leading to heightened tensions.
  3. Emotional Toll: Attorneys, like anyone else, find it emotionally challenging to constantly engage in adversarial conflicts. While they may advocate for their clients, there might be aspects of a case that they personally disagree with, taking a toll on their emotional well-being.

Why Attorneys May Be Reluctant

If you’re having difficulty finding an attorney willing to litigate your case, there are valid reasons for their reluctance. Attorneys often prefer alternative dispute resolution methods, such as mediation or settlement, which can be more advantageous. Here are key considerations:

  1. Experience Matters: Some attorneys are more comfortable and experienced in courtroom litigation. When seeking an attorney, consider their track record and whether they have a history of appearing in court for in-person litigation.
  2. Client Preferences: Attorneys may gauge their clients’ willingness to go to court. If a client is adamant about litigation but hesitant to invest in the case financially, it raises concerns for the attorney regarding the strength and viability of the case.
  3. Control Over Destiny: Once a case enters the courtroom, the outcome is no longer within the parties’ control but rests in the hands of the judge or jury. Attorneys may prefer methods where they can exert more influence and control over the case’s direction.

Considerations for Clients

If you find yourself facing resistance from an attorney regarding litigation, consider the following:

  1. Explore Alternatives: Mediation, negotiation, and arbitration are often more cost-effective and less emotionally taxing alternatives to courtroom litigation. Discuss these options with your attorney.
  2. Court Records Research: Identify attorneys who frequently appear in court by examining court records in your jurisdiction. Attorneys comfortable with courtroom litigation may be better suited for your needs.
  3. Second Opinion: Seeking a second opinion is not only acceptable but often encouraged. A fresh perspective can provide valuable insights, and many attorneys appreciate clients who actively engage in the decision-making process.

Strategic Decision-Making

The resistance you encounter from attorneys regarding litigation may stem from a strategic consideration of what is in the best interest of both parties. While the allure of a day in court exists, seasoned legal professionals understand the potential drawbacks and actively seek alternatives for the benefit of their clients.

As a client, being open to exploring these alternatives, understanding the complexities of litigation, and collaborating with your attorney can lead to more informed decisions. In the end, the goal is to achieve the most favorable outcome for your case, even if it means navigating a path that avoids the courtroom.

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