Choosing a Lawyer

Choosing a lawyer for any kind of case is an important decision, but it is especially important in employment-related matters. These claims can be very emotional and can take many months or occasionally even two or three years resolve, so it’s crucial that you are comfortable with and trust the person representing you. Further, employment law is a very highly-specialized area of the law, requiring lawyers to meet short deadlines and to make and respond to very technical legal arguments. You can’t afford to have someone handling your case that isn’t qualified.

You can generally fire your lawyer at any time, but it can be a complicated and stressful process that can severely damage your case. For these reasons, it’s best to “comparison shop” for your attorney, talking to at least two or three if possible before making your choice.

Here are some questions you might ask lawyers you are considering:

• How much of your practice is devoted to employment discrimination cases?
• How long have you been handling employment discrimination cases, and approximately how many employment discrimination cases have you handled?
• Do you take employment discrimination cases to trial in front of juries if the employer won’t offer a reasonable settlement?
• Have you ever represented employers in such cases? (That experience can provide important insights into how these cases are handled by employer and their lawyers)
• Do you work on a contingency fee basis, only getting paid if a recovery is obtained?
• Do you advance the thousands of dollars often needed for case expenses in such cases or is the client expected to pay some or all of that amount? If the lawyer advances the case expenses, does the client have to repay the attorney if no recovery is made?

Do not expect any competent lawyer to tell you before the case even begins how the case will turn out. They may be able to provide you with some general opinions, but you should probably beware of “guarantees” or promises of recovering amounts that are many times your annual salary. Huge recoveries occur in employment discrimination cases, but they are not routine. When they happen, they usually result from evidence only uncovered through many months of litigation.