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In New Jersey, yes. Public defenders are more limited in that they have an assigned case load. Many rules govern who lawyers can't represent; for example, a lawyer can't represent two co-defendants on the same trial, contrary to what you see on television. A lawyer can decline to represent any client.

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15y ago
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10y ago

In most cases, attorneys who work at large law firms and/or junior lawyers and associate attorneys do not getto choose which cases they work on. The exception may be partners and senior partners in the firm.

Lawyers who work for themselves, often referred to as solo attorneys, do get to choose their own cases. These attorneys are business owners rather than employees of the firm. Attorneys typically make their choice based on whether or not the case is within their area of practice; if the case seems to have merit and/or a strong legal foundation; and whether or not the claim or suit would be successful in a court of law. And, of course, the attorney may choose to accept or reject a case on the basis of potential financial return.

At the Seattle-based personal injury firm where I am Director of Operation we have a very specific list of case criteria which we use to evaluate every case that a potential client brings to us. We do not accept frivolous claims; we only represent injury victims; we only take cases that are within the statute of limitations; cases that have strong evidence supporting the claim; etc. If a case does not meet our selection criteria, we do everything that we to offer the person resources to help them understand the law as it is applied to their case; how they might handle the claim on their own without the assistance of an attorney; or we try to refer them to an attorney who can/will take their case.

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Q: Do lawyers choose their own cases?
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