How do you find a good employment lawyer? Don Phin offers a step-by-step list of questions you should answer when shopping for the right attorney.
At least 30,000 attorneys in the U.S. claim that they're practicing employment law. Statistically speaking, what holds true for any profession is true for employment lawyers: Half are above average and half are below average. How do you distinguish one from the other? How can you find out which lawyers or firms are in the top 5%? Don Phin discusses the questions you should be asking.
EMPLOYMENT LAW ATTORNEY CHECKLIST
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Do you practice employment law full time or part time? Don't hire an attorney who practices employment law less than half of the time.
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How long have you been practicing? Don't hire an attorney who's been practicing employment law for fewer than five years. Although a junior associate might work on your cases, they should do so under the direction of an experienced employment lawyer.
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What types of cases do you handle and what results have you obtained? Don't be afraid to ask these questions. Get specific.
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Who are some of your clients, and may I contact them for a reference? See if they're familiar with companies such as yours and then make the effort to follow up on the reference. Hiring an attorney is no different than hiring an employee. The greatest benefit will come from the effort you place on the front end of the relationship.
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What professional associations do you belong to? Is the attorney a member of the local bar association? Do they belong to any employment law committees at a local, state, or federal level? What efforts do they make to keep themselves up on the latest changes in personnel laws and strategies?
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Are they members of any insurance defense panels? With the advent of Employment Practices Liability insurance, many insurance companies have gone through the effort of identifying firms they wish to work with. One word of caution: Many insurers use nationwide law firms because of their breadth of coverage. Other insurers prefer to use local firms, as they tend to be more cost effective and responsive to client needs. If your company has risk exposures in a number of states, a nationwide firm might be in your best interest. However, if your exposures are primarily local, the extra cost associated with hiring a large law firm might not be justified.
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Are they likable? The most technically competent attorney in the world can have an emotional quotient of zero. Make sure you like your attorney. Make sure that potential jurors will like your attorney. The personality of many an attorney has destroyed their client's case.
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What are their billing arrangements? Learn the partner rate, associate rate, paralegal rate, and perhaps even secretarial rate. What are their billing minimums? Find out if they work on a flat-fee or retainer basis. Consider negotiating a bonus or reduction in fees based on a particular outcome. Then study any bills you get.
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What ancillary services do they provide? An experienced employment lawyer should conduct compliance audits, compliance training, policies and procedures reviews, employee handbook creation, etc. These are of great benefit in preventing claims.
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Have they written any books or articles? If so, read a few of them. What is their compliance philosophy? What area(s) of employment law do they seem to specialize in? What do they know about your line of business?
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What’s their current caseload? Find out the number of files that they're currently managing and if they truly have time to devote to your concerns. The best attorneys can't spend their whole day working on your case; they do an effective job of delegating tasks that are outside their “highest and best use.” Find out what system they employ for managing their caseload.
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Review their legal services agreement. Make sure that you understand all of the terms and conditions in this agreement and that any additional understandings reached are clearly stated in writing.
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Make sure they have an insurance policy. You might even go so far as to learn the extent of coverage and obtain a copy of the Declaration page.
CONCLUSION
Hiring the right attorney will go far to reduce and perhaps even eliminate your exposure to the cost, time, and emotions associated with employee litigation. The next article will discuss the questions you should ask to make sure that you and your attorney communicate through the litigation process.