Why I Decline Cases, and Why That Might Be the Best Advice I Can Give

By Todd J. Poole

I say “no” a lot. More often than I say “yes,” in fact. It’s not because I enjoy disappointing people; I like to fight and win more than most. I became a lawyer to stand up for people when things go wrong and help them make them right. But the truth is, sometimes the fight costs more than the thing you’re fighting about. And no one wants to win a case they regret bringing.

After years of these conversations, the same two reasons for saying no keep showing up.

1. The Damages Aren’t As High As You Think

Economics is, by far, the most common reason I decline a case. And it usually comes down to two understandable misunderstandings: what the law actually allows you to recover, and how little sympathy it has for stress.

Let’s talk about the first one. The law is many things, but sentimental isn’t one of them. In business and real estate disputes, for example, emotional distress doesn’t count as damages. So even if your business partner has single-handedly aged you a decade or your neighbor has stolen every minute of your peace, no check is coming for that part.

Then there are the more practical situations: the contractor who promised “dream house” but delivered “the money pit,” or the home seller who forgot to mention the small lake forming under the foundation. Once trust evaporates, legal action feels like the next step. But most of the time, the damages are the cost to repair the problem, not the price of the house, not the betrayal, not the nights spent getting “legal advice” on ChatGPT.

And that means the smartest first move isn’t calling a lawyer — it’s calling someone who can fix the problem and give you a quote. If the repair is $50,000 and the legal fees could be double that, the math answers the question before I have to.

2. The Process Costs More Than You Expect

The other truth — and there’s no kind way to dress this one up — is that lawsuits are expensive. And slow. Painfully, relentlessly slow. Every now and then, a strongly worded demand letter works, but I can count those instances on my fingers. Most cases require filing a lawsuit and preparing for trial, which often takes three to five years. And because most business and real estate lawyers bill by the hour, the cost grows as the case continues.

I’m not saying your case will cost five or six figures. But many do. And if we’re going to walk this road together, you deserve to know where it leads before we take the first step.

I don’t turn down cases because I don’t care. I turn them down because I do. Because the worst outcome isn’t always losing. Sometimes it’s winning at a cost that wasn’t worth paying. Often, the best advice I can give is that you don’t need a lawyer.