You expect results from your employment lawyer. Here are some things to think about when making the important decision of who to trust with your concerns,
Knowledge and Expertise Experienced employment lawyers have represented thousands of clients. They are well-versed in the law and can determine what allegations have substance; they know the facts and arguments that will mitigate against an employers’ position. An experienced employment lawyer is more likely to have a creative approach to maximize your position. You should not have to pay for an employment lawyer to research the basic law in order to provide you with an initial assessment of the strength of your case.
Understanding the Best Alternative to Settlement Every settlement discussion is guided by two basic notions: what would a court award and what is the chance that the case will go to court? Most employers offer less severance than a court might award but enough that the employee concludes it is not worth the time and expense to take their case any further.
Track Record Many employment lawyers never go to court. Employers offer less to employees represented by counsel who won’t bring a case before a judge. Ask about your lawyers’ success rate at trial. A reputation for going to trial sends a message that the lawyer is ready to fight for the best resolution.
Personal Representation Will the lawyer you select personally represent you? Many firms trade on the name of their most recognizable employment lawyer (their “star”). Then, when you arrange an initial consultation, you are sent to a junior lawyer or worse, someone who dabbles in employment law. Larger firms have a corral of junior associates with “access” to a more experienced lawyer. It’s your right to know how this will impact you. Are you paying for both the junior and senior lawyer to consult about your case? Does the junior lawyer have enough experience with basic legal concepts or are you paying for them to come up to speed? You don’t get the same knowledge, expertise, or track record with the less senior lawyer. If the lawyer you selected is not available and proposes you meet with someone else, check into the other lawyer carefully before agreeing to a meeting.
Reasonable Advice During the initial meeting an employment lawyer should be able to review the documentation you have provided them with and give you legal advice. After meeting with a lawyer you should have a better understanding of the strengths and weaknesses of your case along with a reasonable assessment of your entitlements. The lawyer should review with you the impact of securing alternate work. You should understand how an employment contract or offer letter might affect your entitlements. Feeling confident that your lawyer knows the practice area, understands your situation, and has a solid plan for dealing with it is paramount.
Billing Practice Don’t retain a lawyer until you understand how you will be charged. Your lawyer should be able to provide a general outline of the costs of pursuing your case. Clients generally retain lawyers either on a fixed hourly rate or contingency basis. I have heard of some lawyers charging an additional “premium” for success. I often wonder why, in fixed hourly rate agreements’, a lawyer would be entitled to an additional premium for negotiating a good package; isn’t this what you retained them for? Fair billing practices are important to clients. Make sure the amount you invest in your case will, at the end of the day, be reasonable in relation to the results.
