Employment Law: Selecting A Good Lawyer

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If you’re in need of an employment lawyer, you should begin by learning as much as you can about your legal problem. Search the Internet for FAQs, starting with lawyers.com’s articles. Next, search lawyers.com’s lawyer directory by searching for “Employment” lawyers in your city and province. Also, search general search engines, using key words describing your legal problem and your location. Consult with your family lawyer, a lawyer that you know through sports or church, or an accountant, realtor or other professional. Employment lawyers tend to specialize, and the good ones usually have an established reputation throughout the community.

Once you have a list of names, use the following checklist for an initial screen, so that you narrow your choices down to three or four:

• Look at biographical information, including whatever you can find on websites for the lawyers and their law firms. Do they appear to have expertise in the area of employment law that you need? Do they have any information on their Web sites that is helpful to you?

• Find out if the lawyer represents employers or employees. Lawyers who represent employers usually do not represent employees. So look at the lawyer’s profile and her client list, if she makes it available. If she primarily represents companies, she may not represent individuals. If you cannot tell, call the lawyer’s office and find out.

• Use search engines to search for the name of the lawyer and his law firm. Can you find any articles, FAQ’s or other informational pieces that the lawyer has done?

• Ask other people if they have heard of the lawyers and what they think about them.

• You will probably want to hire a lawyer with at least a few years of experience.

• Contact your provincial law society or visit their website to find out if the lawyer is in good standing.

• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?

• Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?

Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?

By now you should have a “short list” of two or three names. Contact the lawyer’s firm and ask to schedule a consultation. Most firms will charge a consultation to meet with you, and few employment lawyers will be willing to speak with you for free.

Don’t be surprised if the lawyer cannot meet with you on short notice. On the other hand, a wait of more than a week is a sign that the lawyer may be too busy to give a new case such as yours the time and attention it requires.

The consultation with the lawyer is the most important factor in your decision to hire a lawyer. Evaluate the lawyer based on the following:

• Does he or she listen well?

• Does he or she understand your problem or will he have to do research to answer your questions?

• Can he or she explain the law in an understandable way and how it applies to your case?

• Does he or she give you confidence that your legal problem will be solved in a cost-effective way?

• Expect that whomever you hire will delegate a lot of responsibility to his or her staff. Therefore, evaluate how the lawyer’s staff treats you, since they are a reflection of how the lawyer practices. At a minimum, both the lawyer and his staff should treat you courteously and professionally.

• Ask about conflicts of interest. Does the lawyer represent your employer or other interested party?

• Ask for references. You should talk to people who could comment on the lawyer’s skills and trustworthiness. The best reference is one of the lawyer’s current or former clients. You can also check with other lawyers.

• Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.

Money Matters

Ask for a copy of the lawyer’s retainer agreement and review it with the lawyer beforehand. Ask if the firm requires an initial retainer fee. If the firm charges on an hourly basis, the lawyer may require an initial retainer fee of as much as several thousand dollars, as security for payment of the firm’s fees before they begin your representation. This money should go into the lawyer’s trust fund and be disbursed only to pay for services actually rendered. If the representation ends before the retainer is billed, the lawyer should return the balance to the client.

Discuss the costs of your suit as well as the lawyer’s fees. Costs include:

• Copying

• Computerized research

• Trial exhibits

• Expert witness fees

Finally, use your common sense and gut instincts in deciding who to hire. Your relationship can last several years and will involve a good working relationship and trust. You want to choose the best lawyer who you think will do the best job for you.