How to Find a Labor Lawyer

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parts

1Conducting Initial Research

2Interviewing Prospective Attorneys

3Making Your Final Decision

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Tips and Warnings

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References

If you have a dispute with your employer – whether it concerns your wages or the hours for which you're getting paid, workplace discrimination or harassment, or wrongful termination – and it has escalated to the point that you believe filing a lawsuit is the only way to protect your rights, you probably need to hire a labor lawyer. However, finding a good labor lawyer isn't as simple as running an internet search and hiring the first name that appears. It takes some research and planning to find a labor lawyer with whom you're comfortable and who will best represent your interests and assert your rights.

Steps

Part 1

Part 1 of 3:

Conducting Initial Research

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   Decide whether you need an attorney. Particularly if you have limited funds, you might want to hold off hiring an attorney until you've exhausted all administrative options.

   • Retaining representation early may be the key to ensuring your case is properly documented, so if you have a problem with your employer you should contact someone as soon as possible rather than putting it off to the last minute. Even if you don't need an attorney to represent you in the current stage of the process, an attorney can provide you important advice on what documentation you should keep and what information you will need to prepare your case in the event you have to go to court.
   • Research your legal problem to make sure you've taken all the steps you must take before filing a lawsuit. For example, most federal employment laws require you to exhaust all administrative remedies such as filing a complaint with the Equal Employment Opportunity Commission before suing your employer.
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   Ask family or friends for recommendations. Even if no one you know has ever filed a work-related lawsuit, they may know attorneys who could recommend a good labor lawyer.

   • If you worked with an attorney on a different type of case, you might ask her if she knows any employment or labor attorneys who represent employees.
   • An attorney or other professional typically will know of employment attorneys in your area who have a good reputation.
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   Research labor lawyers online. Many websites, including your state or local bar association's website, have resources available to help you find a labor or employment lawyer.

   • Look for an attorney who specializes in labor or employment law, and who represents employees – not someone who primarily represents employers or labor unions.
   • For example, the non-profit organization Workplace Fairness has a searchable employer lawyer directory available at http://www.workplacefairness.org/find-attorney.
   • You also might check with legal organizations such as the National Employment Lawyer's Association or the American Association for Justice.
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   Visit the websites of attorneys you've chosen as prospects. An attorney's website can give you more information on her personal and educational background, skills, and experience.

   • Review the legal information contained on the website, and determine if anything on the attorney's website relates to your case. This can give you a good idea of whether the attorney frequently takes cases such as yours, or has expertise in that area.
   • For example, if you want to sue your employer for sexual discrimination and workplace harassment, an attorney whose website focuses on the rights of disabled employees may not be the best attorney for you.
   • You also should consider doing a basic internet search for the attorney's name or the name of the firm. Find out if the attorney has posted informational articles elsewhere on the internet, or was the subject of any news articles or other publicity.
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   Check state bar records. Your state bar association has disciplinary records of all attorneys licensed in your state.

   • Search for your state bar association, then look for a link such as "attorney search" or "attorney look-up" to find out the status of each prospective attorney's license. Typically you can look attorneys up by name to retrieve this information.
   • Confirm the attorney is in good standing with the state and review complaints, if any, that have been filed against him or her. If there are records of attorney discipline or if the attorney has ever been disbarred, you should probably strike that attorney off your list.
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Part 2

Part 2 of 3:

Interviewing Prospective Attorneys

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   Make appointments with your chosen candidates. Before you hire any attorney, you should speak with at least two or three face to face.

   • Some attorneys may charge you a consultation fee for this initial meeting. Consultation fees typically range from $75 to $250.
   • If such a charge is involved, make sure you understand up front how long the consultation will be, and if you will be charged more if your meeting goes over the allotted time.
   • Some firms may require a screening interview on the phone with a paralegal or legal assistant before you can schedule a meeting with an attorney. The purpose of these phone interviews typically is to get basic information about your case and assess your needs.
   • If the lawyer has a questionnaire for you to fill out, make sure you have it completed along with copies of any relevant documents well in advance of your appointment.
   • Because employment attorneys are in high demand, don't be surprised if you can't set up an appointment right away. You may have to wait a few weeks or even a month, but if you have to wait much longer than that, you might question whether that attorney actually has enough time to devote to your case.
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   Prepare for your appointment. Organize all the information you have about your case, as well as any forms or documents you have related to any administrative complaints you've filed with state or federal agencies.

   • Before your first appointment, make a list of the things that are important to you in an attorney, and prioritize them based on your needs. There's no right or wrong answers, although your priorities may change depending on other factors.
   • For example, if you don't have your own transportation, it may be important to you that the attorney has an office on the city bus line. No matter how much you liked her, an attorney 40 miles out in the suburbs wouldn't work for you. However, if the attorney was willing to work with you primarily over the phone or meet you at your house, and was willing to represent you on a free or contingency-fee basis, it might not matter where her office was located.
   • Each attorney will ask your employer's name and location, as well as the names of other people involved in your case. You should also gather information about the incident that gave rise to your claim and your expectations for a resolution.
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   Ask questions. When you sit down for your interview, don't let the attorney do all the talking. Instead, come prepared with a list of questions or issues you want to talk about.

   • Be honest about your claim and the dispute you had – don't worry about trying to make yourself look good. The attorney needs to have all the information he possibly can so he can accurately evaluate your case.
   • Keep in mind that most employment plaintiffs lose their cases. Don't go into your interviews with unrealistic expectations, which may be fueled by stories you've heard about employees who won millions of dollars.
   • Have an open mind and focus on your own case, rather than thinking you should achieve the same result as someone else. Ask each attorney his or her opinion on the strengths and weaknesses of your case, as well as their evaluation of your chances of success.
   • Find out how much experience the attorney has handling cases like yours, as well as what percentage of his or her practice is devoted to employment law. You also should be able to find out a rough estimate of how long the case will take, and the lawyer's expectations as to the outcome.
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   Pay attention to each attorney's behavior and body language. How the attorney acts during the interview can give you some insight into how he or she will treat your case.

   • For example, note whether the attorney invites you into her office and closes the door, or whether she leaves the door cracked in case she has another call or visitor. You also should pay attention to whether she receives any phone calls while you're in her office.
   • Observe the staff, the overall atmosphere of the office, and interactions among attorneys and other employees. Because employment cases can be lengthy and time-consuming, the attorney's office should be a place where you feel comfortable and welcome, and where you are treated with respect.
   • Overall, the attorney should listen to you and be interested and concerned, rather than dismissive, of what you have to say.
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Part 3

Part 3 of 3:

Making Your Final Decision

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   Compare and contrast the prospects you interviewed. Making a list of pros and cons of each attorney, and assessing how important those strengths and weaknesses are to you, can help you narrow down your choices to decide which labor lawyer is best for you.

   • Don't let cost be your only deciding factor in who you finally choose to represent you. A more experienced attorney probably will charge higher rates, but their work may be more efficient and they may be able to resolve your case sooner – which could result in a lower overall out-of-pocket cost to you.
   • If cost must be a major consideration, try to get the most experienced attorney you can within your budget. See if you can work out a plan where you pay the attorney partly by the hour, and partly on contingency.
   • Since your case may involve sharing personal details, make sure the attorney you choose is one with whom you feel comfortable and at ease. An attorney who intimidates you or makes you feel nervous won't be much help if your case goes to trial, when you will be even more on edge.
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   Ask any follow-up questions. If you come up with additional thoughts or issues that need to be addressed before you make your decision, don't be afraid to call or email the attorneys you interviewed.

   • Likewise, if any developments occur in your case, you might consider letting prospective attorneys know. For example, if you're contemplating a lawsuit for discrimination and your employer fires you, there may be additional legal remedies available to you that the attorney didn't contemplate when you first spoke.
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   Let each attorney know your decision as soon as possible. Call your first choice first to ensure he or she can still take your case, then call the others and let them know you've chosen someone else.

   • Experienced employment lawyers who work on behalf of employees are few in number and high in demand. As soon as you've decided on someone, it's important to let her know before she becomes too busy to take your case.
   • At the same time, if you've decided not to work with an attorney you interviewed, you also should let them know as soon as you secure representation, in the event they're reserving time or resources for you.
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   Get all details of your representation in writing. Make sure you understand all aspects of your agreement with your attorney, including billing procedures and availability.

   • In particular, make sure you understand and have a written breakdown of the charges and expenses for your case and how they will be handled. As litigation progresses, your attorney will amass expenses such as court reporters and filing, service, or witness fees. If possible, get an estimate of how much these costs will be and when they are likely to come – especially if the lawyer is not working on contingency.
   • If you have to pay an up-front retainer, find out what happens when the lawyer has exhausted that retainer, and what his or her billing process is.
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Tips

• If you have limited income, you may qualify for free legal help. Even if you don't meet the qualifications for a particular office or clinic, they may be able to connect you with other free or reduced-fee services. Additionally, non-profit civil rights organizations may be interested in your case if it involves workplace discrimination or other civil rights issues.
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