Today was the second time in less than a month I had to turn away a potential client who may have had a good case.  In both instances the expenses of properly working up the case for trial exceeded the value of the case.  Here is an example.  A potential client suffered injuries to her knee when she slipped and fell while getting into a cruise ship pool.  Now some of you may be thinking how can she blame someone else for this.  Rest assured that if the defect were “open and obvious” she probably would not have a good case.  But before you pass judgment, consider these factors:

• Was the surface of the pool appropriate?  Did it have enough texture to prevent slipping, especially on a cruise ship that is susceptible to pitching and rolling?
• Were the steps the right width and rise?
• Were there handrails where there were supposed to be?
• Had other passengers slipped-and-fell such that the cruise ship was on notice it had a problem?

These are but a few of the issues that would get a case like this past the “blame the plaintiff” argument.

The real problem for potential clients in situations like this is the expenses of thoroughly investigating and preparing the case usually exceed what the case is worth.  In the cruise ship pool example, I would at the very least want to retain an expert on building codes and construction of pools, with an emphasis on cruise ship pools.  I would also want to fly down and inspect the actual cruise ship with my expert so we could photograph the scene and see for ourselves what the area looked like.  These two tasks alone will cost thousands of dollars.  If the client suffered only minor injuries there is no way to justify these costs because at the end of the case, after expenses are reimbursed and I take my fee, there would not be any money left for the client.

Now some attorneys would try to cut corners to reduce costs.  This is a Catch-22 for the potential client.  Yes, the attorney may work up the case this way to make it work financially for his/her client.  But, that attorney is also not preparing for trial and is not going to get maximum value for their client because the other side will see the weaknesses in not fully preparing.

It is always a solemn day when I have to decline a case where someone was actually hurt but where the damages cannot justify the way I work-up a case.  The client may have a cause, and they may deserve justice, but at the same time they do not deserve to be pulled into litigation only to receive nothing for their injuries and pain and suffering.