Most of us hope that we will never need an employment lawyer, but mass layoffs and job loss are increasingly common. There may come a time when you need to seek an employment lawyer’s advice. The choice of who to hire to represent you in negotiations with your employer or in litigation against a former employer is significant. Consideration of the following topics can help you find an attorney who is the right fit for you.
Does the firm specialize in employment law?
Employment law is a specialized area of law that is continually evolving. Attorneys who focus on employment law are likely to understand the complexity of the California and federal statutes, regulations, and administrative agencies that will govern the outcome of your case.
A firm that focuses on employment law can leverage the experience and reputation of the entire firm to evaluate your claims and advocate on your behalf.
Some attorneys represent both employees and employers. However, attorneys who focus solely on representing employees are more likely to feel passionate about your case. While it can be useful for an attorney to have the perspective that comes from having previously represented both sides, a lawyer who is currently focused on representing only employees will be comfortable strongly advocating for your position.
What is the attorney’s experience?
An attorney who has experience with all forms of negotiation and litigation will be equipped to advise you on the best course of action. Attorneys should have experience negotiating directly with employers and mediating cases before third-party neutral mediators. To be able to strongly assert your legal claims, the attorney and firm must have experience litigating in court and arbitration.
It is also important that the attorney be familiar with the area of law at issue in your case, be it wage and hour, contract, discrimination, or whistleblower retaliation law. You can evaluate attorneys’ expertise by reviewing their work history and looking at the topics of their professional publications. Their skill and experience can be assessed by looking at public information about cases they have litigated and the law school they attended. Their reputation may be evidenced by their participation in speaking events and professional awards or recognition they have received.
Does the attorney’s communication style complement yours?
Your attorney should be someone who you trust to put your interests first. You should also have a good rapport with them. They will need to be able to provide candid advice about the strength of your legal claims and the risks of litigation. You must also be comfortable sharing with them the facts of your case and, in some cases, information about your emotional distress.
Who will be working on your case?
Consider who will be working on your case. A firm in which Partners, Senior Ligation Counsel, and Associates all collaborate on cases ensures that experience is shared throughout the firm and that you will get the benefit of multiple perspectives on your case. The firms must also have sufficient attorneys, paralegals, and staff to try your case in court or arbitration, if necessary.
How will the firm be compensated?
Attorneys are generally compensated for the advice they provide at an hourly rate. However, contingency-fee representation is appropriate for some cases. In contingency cases, the client is only responsible for paying the costs of litigation. The client does not pay the attorney’s hourly rate. Instead, the attorney is paid a percentage of the recovery obtained for the client.
Does the firm serve people in your area?
Hiring a local attorney, when possible, can be beneficial because a local attorney will be familiar with the judges and courtroom practices in your area. They may also have relationships with opposing counsel that can facilitate a positive resolution of your case.
