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Attorney's Considerations

Although it may be a simple matter to hire an attorney, especially in cases of divorce, bankruptcy and even criminal law, there are many times lawyers may be reluctant to take on your case. Lawyers accept cases and clients based on several considerations.

SIDEBAR: In contingency cases, the lawyer pays the expenses, then deducts those costs from the settlement or jury award.

SIDEBAR: A criminal case is unique because a person's freedom is at stake and the defendant does not have to prove her innocence. The client may look guilty but the defense lawyer still advocates for her client-a plea bargain or hung jury is always a possibility.

Courts and judges. Depending on the nature of the claim, a lawsuit must be filed in a specific type of court. Bankruptcies are filed in federal bankruptcy courts; will contests are handled in probate court; and constitutional claims must be filed in federal court. Lawsuits in federal courts usually mean higher fees for the client. Federal courts have complex rules, short time schedules and the judges are typically extremely strict with attorneys and their clients. For instance, postponing a hearing in state court may be easy to obtain but not permitted by a federal judge.

TIP: Some federal judges have such fierce reputations that lawyers have fee agreements specifically increasing their fees if the case should land in that judge's court.