Finding an employment attorney can be a tough task. To hire the right representation, you need to know what to ask when evaluating your options.
What questions should you ask an employment attorney? To answer that question, we asked small business owners and employees about the questions they would pose to employment lawyers during the evaluation process.
Here are some questions to consider asking when hiring an employment attorney.
How much experience do you have with my type of legal matter?
What’s your specialty and how long have you been practicing law for?
What do you expect the outcome of this case to be?
What are some options for handling this case?
Do I have a case?
Which jurisdictions do you cover?
What is your employee relations philosophy?
What are your fees and how do you charge?
How much experience do you have with my type of legal matter?
Before hiring an employment attorney, the question I would ask first and foremost would be “How much experience do you have with my type of legal matter?” I would then have them follow up with some examples of potential outcomes. Employment law is so specialized and should be handled by a lawyer or firm that is familiar with the intricacies of the industry.
Katelyn Harris Lange, Y Scouts
What’s your specialty and how long have you been practicing law for?
The questions you should ask an employment lawyer before hiring them are whether employment law is their specialty/main focus, and how long they have been practicing this form of law. This will give you an idea as to the lawyer's experience, knowledge, skills, and commitment to this type of law.
Joe Bailey, My Trading Skills
What do you expect the outcome of this case to be?
You're not necessarily looking for someone here who assures you that you'll get everything you're asking for, as that's fairly reckless legal advice that no lawyer can guarantee. Instead, you want an attorney who gives a more measured response and who is able to give a more reasonable opinion on your prospects of success.
Being positive about this is fine, but they should also acknowledge that there are always unknowns, as well as the fact that they probably need to do some research to advise definitively on their expected outcome. This doesn't indicate that they don't know what they're talking about. Rather, it shows that they're an attorney who likes to support their opinion with clear, legally sound arguments - which is going to be the best way for you to win your case in the end.
Anna Barker, Logical Dollar
What are some options for handling this case?
The answer will paint a roadmap with options to handle a particular scenario. Your lawyer will also be able to demonstrate his/her expertise. You will have a better understanding of the severity, time commitment, cost, and potential outcomes of a case.
Sonja Talley, Principal HR Consultant
Do I have a case?
Sometimes employment issues do not warrant a case. Whether that’s an accusation of discrimination or sexual harassment, there needs to be sufficient evidence and documentation to support a claim or a case. Good employment attorneys will be able to quickly assess whether you have a case as an employee, or evaluate your risk as an employer. Simply asking whether you have a case is a way to gauge the best next steps.
Taneika Farmiloe, Registered Nurse
Which jurisdictions do you cover?
We've found the most important question to ask an employment attorney is which jurisdictions they cover. For example, an attorney may be licenced in multiple states and therefore able to help you in Arizona, Nevada, California and Washington, for example. The reason this question is important is because the workforce is increasingly mobile. Especially with remote work, your people may move to nearby states, and you will need access to professional advice on the updated employment considerations.
Tasia Duske, Museum Hack
What is your employee relations philosophy?
As an HR Consultant, I often collaborate with employment attorneys. Their support is vital to the health of any organization with employees. A critical question that I recommend asking before hiring an employment attorney is: what is your employee relations philosophy. Their stated philosophy will illustrate their values; if their values align with your own as a business leader or owner, it is likely a good fit and you should continue getting to know them!
Niki Ramirez, HR Answers
What are your fees and how do you charge?
Get clarity on how much an employment attorney will cost you. Whether you are an employee weighing the possibility of bringing a case against an employer, or an employer seeking defense, it is always helpful to know what a lawyer will charge for their services. Ask about their fee structure and how they will charge you.
Brett Farmiloe, Markitors
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