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Employment Lawyer: How to
Find One
By Ross Runkel
Bio email
Editor, Employment Law Memo
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This article explains how an
employee can find the right lawyer to handle an employment law case. If
you are an employer, you can use the same methods. |
| Act quickly. Legal claims have time limits.
Delay can wipe out your claim.
If you are an employee working under a collective
bargaining agreement between your union and your employer, any
"grievance" you have is subject to a time limit. Often your time
limit will be as short as 10 (yes, ten) calendar days. Perhaps 30 days.
Your collective agreement will tell you. The first thing you should do is
tell your union representative or shop steward. Do this immediately, and I
mean within the next hour and not tomorrow. Just print this article, or
bookmark it, and then get on the phone.
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How do I find my lawyer? Four steps:
- One: Build a list of possibilities.
- Two: Narrow the list to about three.
- Three: Phone these three, or make an
appointment.
- Four: Pick the one you like best.
Here are some sources:
- Web sites. Many lawyers have web sites that
contain details about their background and experience.
- Friends. Perhaps a friend has used an employment
lawyer, and can recommend one. (Remember, it should be (1) a specialist (2)
who represents employees and (3) has an office in your state.)
- Yellow pages. The phone book yellow pages list
"lawyers" or "attorneys." There should be a whole
separate section for employment lawyers.
- Lawyer referral. Your state bar association
probably has a free lawyer referral service. Check your phone book. Stay
away from referral services that charge you a fee.
- National Employment
Lawyers Association. Over 3,000 layers belong, and they represent
employees. Their web site allows you to
search by your zip code or state.
- LawMemo's
Employment Lawyer - Attorney Directory.
Should I handle my own case, and just skip the
lawyer?
- No. No. No.
- Employment law is complex, and involves state and
federal statutes, administrative rules and decisions, and decisions by state
and federal courts.
- Employment law can change overnight.
- If you have a toothache, you go to a dentist. If you
have a legal problem, you go to a lawyer.
- You might think you can save some money. Keep reading.
Should I be in a hurry to find a lawyer?
- Yes. Yes. Yes.
- Legal claims always have time limits.
- Some time limits can be be short.
- Do it today.
What kind of lawyer should I seek?
- A specialist. One that specializes in employment
law. A lawyer who did a great job on your will or your divorce might not be
the right person. Look for someone who spends at least 75 percent of their
time on employment cases.
- A lawyer who represents employees. Most
employment lawyers represent one side or the other. Some represent
employers. That's not what you want. Some represent employees (and perhaps
labor unions). That's what you want.
- Someone in your state. Your case might involve
some state law. State law in California is not the same as it is in New
York. A lawyer with an office in your state is more likely to be familiar
with the local scene.
- Someone nearby. It's really a matter of
convenience. If you need to make a trip to your lawyer, it's easier if the
office is nearby. But never pick a lawyer just because the office is handy.
- Someone you like. You might be spending a lot of
time with your lawyer, so pick someone you're comfortable with.
Will a lawyer be expensive?
- Most do not charge for an initial visit. Maybe a
half-hour. Enough to size up you case, and for the lawyer to decide whether
to take it.
- A lawyer typically gets paid one of two ways.
- Contingency fee. You pay nothing unless you
win something through a settlement or a trial. If you win, then the
lawyer takes a percentage of that. The percentage varies. Expect to pay
the lawyer 25% to 40% of the amount you recover. That might sound large, but a good lawyer will get you a larger
amount, so it usually is worth it.
- Statutory fee. If certain statutes apply to
your case, then the statute might require that the employer pay your
attorney's fees - over an above the amount you recover from the
employer.
- Get a written fee agreement. Have the lawyer
explain everything in writing. Take some time to read it over and think
about it before you sign. That way you will have all the details written out
and it's less likely you'll have a misunderstanding later on.
Repeat after me: Legal claims have time limits. Act
quickly.
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