5 Things to Do Before Retaining an Employment Attorney
Every day, I receive calls from people experiencing issues in their workplaces. People are generally good at sensing when they may need an employment attorney. However, once they call, they candidly say, "I'm not sure what to tell you or what to ask." Before you call around town looking for an attorney, though, you should start by researching them. Only after researching them should you make an initial appointment. Once at the initial consultation, you should make observations and leave more informed about the law concerning your matter. Here are a few tips to help you find legal counsel for your employment matter:
1. Check for disciplinary history. The state bar or the supreme court of the state to which an attorney is admitted to practice often makes attorney disciplinary history easily accessible to the public. For example, in Texas every attorney has a public profile where the public can verify the attorney's bar card number, date of admission, courts of admittance, law school graduation, and disciplinary history. While many believe in giving second chances, you may be hesitant to retain an attorney with public disciplinary history. If an attorney does have disciplinary history, be sure to read the disciplinary records to understand what rules were violated and the severity of the attorney's punishment.
2. Google them. I'm always surprised at how little prospective clients have researched me before they call. Many people reach out with questions about criminal law–which I have never practiced. Google will often lead you to an attorney's LinkedIn profile, which could be helpful in learning how compatible the attorney would be for your matter. By doing a preliminary Google (or, Yahoo, Bing, etc.) search, you should be able to determine whether the attorney should be on your short list of attorneys to consider for your matter.
3. Take note of their intake process. If the attorney is difficult to get in contact with, you may have issues with communication after you have retained them. Do you meet with the attorney in the initial consultation, or with a law clerk or paralegal? How long will you meet? Will you have enough time to explain the facts and allow the attorney to confidently assess your situation?
4. Ensure they explain the legal standards applicable to your case. If you make an appointment with an attorney for a free "consultation," it is very unlikely that you will leave the meeting more educated about the legal standards relevant to your case. Free consultations are generally brief meetings where the attorney (or a staff member) is trying to determine what the case is worth to them. They are not meant to educate or advise. Ultimately, you want the attorney to explain the legal basis for any opinions they are giving you in that initial meeting.
5. Ask them what their plan would be if retained. You should know what initial steps the attorney would take upon hire. The attorney should also explain likely outcomes of these initial steps and the overall strategy that will guide their legal counsel.
If you believe you need legal counsel for a workplace issue, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.