How to Find the Best Employment Lawyer for You

• Contact information, including address, phone, fax, and email;
• Law school;
• County;
• California Lawyers Association section memberships;
• Date of admission and status history;
• Bar number;
• Practice areas (optional);
• Website (optional); and
• Actions affecting eligibility to practice law (such as discipline).

Experience

1. How long have you been practicing law?

While newer lawyers can do a wonderful job representing their clients, experience is certainly a check in the “plus” column.

2. How much experience do you have in employment law? Have you handled many cases involving the specific claims I have? How many went to trial?

These questions are critical. Sometimes I get calls for help on cases that have nothing to do with employment or civil rights law. I let them know that I can’t help them with the explanation, “Would you go to a dermatologist for help with a back injury?” In the same way, most attorneys focus on certain practice areas, and you want to be sure that the one you are going to spend a significant amount of their time handling claims like your own. In smaller towns, lawyers by necessity handle all types of cases, but in big cities like Los Angeles we have the ability to concentrate on the areas of law that we are most passionate about. In fact, many of us employment lawyers narrow our practice even further. For example, I only occasionally do wage and hour cases, as I choose to focus most of my time on representing individuals who have been discriminated against, harassed, or wrongfully terminated.

3. Do you take cases to trial? If not, who will try my case if it does not settle?

You want to know what will happen to your case if it does not settle before trial.

Handling Your Case

4. Who will be working on my case? What will other people do? Who will be the primary point of contact? Who will prepare me for depositions, trials, and so on?

Some lawyers work with other attorneys, paralegals, and staff. Find out how and how much a lawyer delegates and ask about those people, their credentials, and their experience.

5. How and when will I get updates about my case?

Find out how you will be kept updated about your case. Ask if you will get copies of letters or case documents.

6. How can I reach you? How quickly do you respond to calls/messages when you are not in trial or away?

Find out whether the attorney favors emails, calls, or some other communication method. Find out whether you will speak with the lawyer or someone else from his office.

Assessment of Your Case

7. What are the strengths and weaknesses of my case?

A good lawyer can tell you what they like about your case, what the anticipated defenses are, and where potential weak spots may be. Of course, their assessment is only as good as the information you share with them. Also, until they hear from the other side, it is hard to give a complete assessment of your case.

8. What are the different approaches we can take in seeking resolution? Which approach do you favor and why?

You want a lawyer who can step you through your options and explain the pros and cons of each.

Fees and Costs

9. What are your attorney’s fees?

Lawyers in different practice areas charge differently. For example, trusts and estate lawyers may charge you a flat fee to draft your will or trust. Business litigation or defense lawyers usually charge you by the hour. Personal injury lawyers may charge a contingency rate that is fairly low, maybe 1/3 of recovery. Some fees are set by law, such as in medical malpractice cases.

In the employment context, most plaintiff-side lawyers work on a contingency basis, which means they do not charge you by the hour and instead take a percentage of what they recover for you. Some may ask for a retainer of some sort. The law does not determine what a lawyer charges. But, there is a range of what is reasonable, and it may be higher than what you might think. 40+% of the recovery is fairly common. Why? Employment litigation is very time intensive—lawyers can spend hundreds of hours on your case before it ever gets to trial. When we work on a contingency basis, we won’t get paid a cent if we lose your case, and if the result is a low one, we may find that our average hourly rate is far, far below the market rate. For example, a 2012 survey by the Los Angeles Daily Journal found that the 2012 average billing rate for a Los Angeles law firm partner was $797 per hour! That was nearly a decade ago, and rates have only gone up. (How many workers could afford to take a case to trial if they had to pay by the hour?)

10. How will you handle costs? What costs can be expected in my case? Can you give me an estimate of costs through trial?

Generally, you are responsible for your costs in a case. Costs are those expenses paid out-of-pocket to litigate the case, such as court filing fees, court reporter fees, expert fees, photocopying costs, etc. Some lawyers will advance your costs during the litigation. Others will ask you to stay current on your costs and pay them as they build up. Yet others will ask you to pay some portion as you can afford it. None of these approaches is right or wrong, and I know of excellent lawyers who take each of these approaches to costs. It is helpful to have an idea of what costs may arise in your case at the outset.

General Questions

11. Do you have malpractice insurance?

Don’t take for granted that they do.

12. What is your litigation philosophy? Why did you choose to practice law?

These types of questions give you a glimpse into the lawyer’s thought processes and general approach to law practice. If what they say resonates with you, that’s a good sign.

13. Are you a member of any organizations that relate to employment law?

Lawyers can join organizations that focus on specific practice areas. These organizations serve to provide legal education and community. In California, we are lucky to have the California Employment Lawyers Association, which has a membership of over 1,000 plaintiff-side employment lawyers. We also have the California Lawyers Association’s Labor and Employment Law section, which serves employment lawyers—plaintiff and defense—throughout the state. In Los Angeles, we have the Los Angeles County Bar Association, which has a very active Labor and Employment Law Section that puts on wonderful programs. Other such organizations exist.

14. Have you taken on any leadership roles in any employment organization?

Joining an organization is one thing (for some, all one needs to do is mail in a check to join), but it is another to be actively involved in organizations and give generously of one’s time. Leadership roles are a sign that the lawyer is committed to the practice area, seeks to contribute to the community, and is respected by their peers.

15. Other questions to determine a lawyer’s reputation in the legal community.

Although you can’t necessarily ask it directly, try to see if there are other ways you can find out about a lawyer’s reputation in the community. Do they contribute to the community as a whole? Are they respected by lawyers on the same side of the bar? Do they work well with their opposing counsel? The ideal attorney is one who is a tenacious advocate for their client while being courteous, cooperative, and professional.