Finding An Attorney

    Specialization

    Except for a few exceptions, attorneys do not specialize in certain areas of law the way that doctors do. There are very few ways for an attorney to be an official specialist (patent lawyers are one exception.)

    However, this does not mean that attorneys do not have their particular areas of expertise. Employment law is a very special field. It mixes civil rights law with contract law, and federal law with state law.
    When considering hiring a lawyer to handle an employment law case, the client should consider the lawyer's experience in employment law.

    Paying for an Attorney

    Attorneys can be very expensive. Hourly rates of $300.00 per hour are not unusual. It can cost tens and hundreds of thousands of dollars to take a case to trial.

    Many people who have an employment law problem cannot afford this. Often, they have been fired, and therefore have no income. Often, even if they won they would recover too little to make getting a lawyer worthwhile.

    A common solution is the "contingency fee."

    Contingency Fees

    Some lawyers will represent clients on a "contingency fee" bases. A contingency fee is where the lawyer gets a portion of the client's recovery. Contingency fees are often around 1/3 to 45 percent, and sometimes are higher.

    Costs of Suing

    Aside from paying the lawyer for his time, there are also costs which must be paid. For instance, it costs $189.00 to file a lawsuit in Los Angeles Superior Court. It costs about $1,000.00 to pay for a stenographer to attend a deposition. Mailing costs and long-distance telephone bills, private investigators and messengers, are all costs of litigation.

    Costs and Contingency Fees

    If a lawyer is being paid on a contingency, the costs do not come out of the lawyer's contingency fee. The contingency fee pays the lawyer only for his time and effort. The client has to pay for the costs.

    There are two ways the costs can be handled. First, the client can pay them up front. Second, the lawyer can pay the costs, and be reimbursed out of the settlement or verdict if the case is successful.

    Some lawyers advance costs. Some don't. The client should be sure to find out before hiring the attorney.

    What to look for:

    Selecting the right attorney is a key issue you must resolve if you decide to pursue your rights. When evaluating an attorney to manage your case, you should look for the following characteristics:

    • Experience — there is no substitute for experience. Make sure that the attorney you hire has been practicing for a significant amount of time.

    • Trial Record — many attorneys shy away from the courtroom. You want an attorney who has achieved outstanding verdicts.

    • Settlement Abilities — although it is good to have a trial lawyer in your corner, you also want an attorney who knows how to obtain a fair settlement for your case.

    • Leadership — the best attorneys are usually associated with and hold leadership positions in the best trial lawyer and consumer attorney organizations. Being voted president or an officer of an organization is a signal that the attorney is well respected by his or her peers who may be in a better position than the average consumer to judge the attorneys competence.

    • Scholarship — has the attorney published articles within his or her field. This is a sign of knowledge of the law and the subject matter of your case.

    • Lecturer — has the attorney given lectures for groups of other attorneys, professionals or consumers. If someone has been asked to lecture in front of his or her peers, it is a sign of respect and esteem within the profession.

    • Honors — has the attorney won any significant awards.

    • Ethics — does the attorney have any ethical marks against him or her. Has the attorney received the coveted Martindale Hubbell AV rating. This signifies that peers who have litigated against the attorney, believe the attorney to be highly ethical.

    • Staff — what kind of staff does the attorney have working in the office. You may not want a firm that is either too small or too big. For most personal injury and abuse cases a firm with several attorneys and a strong support staff may be ideal.

    • Significant Cases — although every case is significant to the litigant, some attorneys attract more high profile cases. These attorneys may be asked to litigate these cases because of their special abilities.

    • Empathy — will the attorney care about you and your cause. You want a fighter, but you also want an attorney who understands what you have been through so he or she can convey your losses to a judge, jury, insurance company or employer.

    • Testimonials — if you have an opportunity to review testimonials of an attorney you are considering, take the time to see who is saying what about the attorney. Are the testimonials coming only from former clients? These are important, but more important may be testimonials from people within the legal system that have witnessed the attorney in court and litigation. People like former judges, mediators, expert witnesses and attorneys who have litigated with and against the attorney you are considering.