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Practice areas related to Employment and Labor
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What to Consider When Hiring an Employment and Labor Lawyer
Despite the advancements in civilization and technology, Employment and Labor discrimination and workplace harassment have remained rampant in the twenty-first Century. Some employees will not be paid their wages that are prescribed under the law. Such experiences may be emotionally degrading and economically costly such that an employee may lose his/her job or is compelled to resign. However, it is unfortunate that employees cannot easily pursue legal action against their employers. Most companies hire powerful attorneys to dismiss cases such as these even before the employee gets a chance to explain themselves. An employee should strongly consider hiring an attorney of their own to level the playing field. While many Employment and Labor disputes do not result in a trip to court, legal representation can be a powerful tool. You could have more leverage when an employer takes your case seriously because you have an attorney. It may force them to be more willing to provide a reasonable sum of money right away.
Selecting the right attorney for any individual is not always an easy process. Starting with a simple Google search can be helpful, though this should not be the end of the search. Google searches can link to countless sites, many of which have paid listings and therefore are not an accurate representation of a lawyer’s abilities or their suitability to your case. Also, you can get useful information from the friends or relatives who once hired the services of an Employment and Labor attorney, but the lawyer who will be suitable for them will not necessarily be the same with your needs. Each case is unique. Below are some guidelines that can help you research and compare attorneys in a more informed way.
Background and Experience
You should choose an attorney who has adequate experience practicing the exact kind of case that you have. Employment and Labor law is made up of many unique categories and a claim may fall under one or more federal, state, and local laws. For instance, if your manager pushes you for a date in exchange for a promotion, you should look for a lawyer who has worked on several harassment cases. If you were not paid overtime, or your meal breaks were denied, you should seek the services of a lawyer that understands all the legalities involved in wage and hour laws. If you lost your job for reporting fraud involving your employer, you need to find legal representation from a lawyer dealing with wrongful dismissal claims due to whistleblower protection. It is also possible that some of the attorneys have certain board certifications or belong to certain associations. They may have been given accolades or other official acknowledgement of the legal excellence which they possess.
Professional Record
In general, you should try to find an attorney that has never been reprimanded or disciplined in any serious manner. Data regarding attorney current and past work experiences can be obtained by visiting the state bar search for the attorney of interest. It may be useful to go over the specifics of any discipline to get a feel for the circumstances surrounding it. Some violations are minor while others are major. You may not want to exclude an attorney on the grounds of a very minor violation if she or he is not in any way in violation currently.
On the other hand, a record of serious violations should be a red flag even if the attorney in question has had certain successes. You cannot afford to have your lawyer cost you big through such mistakes, especially when your financial freedom may be at stake.
Case Results
Sometimes, an Employment and Labor lawyer is likely to disclose his or her most significant achievements on the website or blog. Every case is different due to its facts, so you need not expect the same result as a previous client got. However, if you have a record of previous positive outcomes for people in situations comparable to yours, it may be favorable. You may also be able to learn how well an attorney performs in the specific type of cases where he or she works if most of the best outcomes are in a particular type of case.
Initial Consultation
Employment and Labor lawyers are common and most of them work under a contingency basis and will not charge you any fee for the initial consultation. It is possible to request an appointment over the phone or through the website after key facts about the circumstances have been disclosed. This is important because it also enables the client and the attorney to determine if they will be suitable for each other. However, if you are dazzled by an attorney’s education and accomplishments, it is wrong to hire the attorney based on that factor alone. Rather you need to ensure that you hire a lawyer with whom you can trust and who understands how you feel. In dealing with your lawyer, you should somewhat have a sense that the lawyer is interested in your welfare and is not simply seeing you as a number or case. It is recommended that you should talk to several attorneys before settling on one or the other.
Taking a list of questions as you go for the consultation will help you decide whether the attorney is the best fit for your case. For example, you may ask about their first impression of the strong and weak points of your case. A positive response may be comforting, but you want to warn yourself if an attorney offers promises or is far more self-assured than other lawyers. They may be overpromising. Moreover, it is important to distinguish what exactly the attorney tells you about the assessment. The arguments should be well-reasoned and expressed in a manner that a layman is capable of understanding.
Fees and Costs
Fees is another concerning matter which should be treated at the consultation. There are two broad ways by which Employment and Labor lawyers can be hired where one is being charged an hourly rate and the other being on the contingency fees. This means that they do not demand for their services to be paid from their client’s pocket of cash but rather take their ‘cut’ from the amount that they recover for their client. In still other cases, an attorney may require a fixed amount of money to deal with a particular case or issue, or they may employ a number of these structures. Any fee arrangement should also be agreed in writing as part of a signed representation agreement so that you know your responsibilities. There are occasions when the winning employee will be compensated for attorney fees, but you should not expect to come across this in every case. However, even when they are, the court awarded attorney fees usually do not pay all the fees that the attorney deserves.
There could also be court costs and other form of cost associated with Employment and Labor case aside from the attorney fees. They may include amongst others filing costs, service costs, court reporter costs and costs of preparing copies of the documents. The contingency fee arrangement may state that the client shall bear court cost and other costs of litigation or that the attorney shall bear the costs and be reimbursed from the recovery from the court judgment. Again, before entering into a representation agreement, you should have expected benefits.
Lawyergist Lawyer Directory
The Lawyergist Lawyer Directory is purposefully built to help users find, compare, and potentially hire lawyers for a particular city, county, or state that are most suitable to their case. Begin searching through our database for the Employment and Labor lawyers in your area now.