As an employment lawyer, I consult with a lot of people who’ve been mistreated at work or shortchanged by their employer and two trends stand out:
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- The folks who ask really good questions during the consultation often make great clients, with successful case outcomes.
- Most still don’t ask me the really tough questions that would be useful for them (and me).
What follows are some questions I wish people would ask me more often. They come with a couple caveats:
- These questions are a starting point. You may have more to ask, and if so, you should ask those questions too.
- I don’t recommend you use this list as a checklist to just fill time in the consultation. Ask these questions, and some of your own, where they naturally fit throughout the consultation.
- They are direct questions. Any employment lawyer who avoids or reacts badly to them may not be the best employment lawyer to hire for your case, or you may just be asking the wrong person.
Who will be working on my case?
Surprisingly few clients ask questions along this theme, but it’s super important and varies from firm to firm.
Some firms treat cases much like products on an assembly line, where cases are handled by a different person at every stage, some lawyers but most not. These firms race to settle cases quickly, treating clients like files on a conveyor belt. The focus is on speed and volume, not detail. While this sort of assembly-line justice may work for some cases, it’s not ideal for most. That’s because it often means leaving money on the table and you in the dark (at least until you’re needed to sign a settlement check, of course).
If you’re like my clients and prefer to partner with the same professional(s) throughout your case, you’ll want to avoid firms that:
- Employ a large team of staff, including junior associates and unlicensed “case managers” who aren’t trained in law but end up handling the majority of legal tasks.
- Gatekeep your lawyer. Before hiring any employment lawyer, you should have the opportunity to meet with him or her first. If there is minimal direct communication between you and the lawyer overseeing your case, it likely won’t get better as your case progresses.
How will you keep me informed of the progress in my case?
I’m always shocked that no one asks this question, especially since communication is such a huge part of a good lawyer-client relationship.
Let’s face it. You probably do not need to speak with your lawyer every day. But you do need consistent communication. Without it, you are left guessing about decisions that affect your case. A good employment lawyer will keep you informed of key developments, so you know where things stand in your case. Even if there aren’t any major developments in your case, you ought to know that too.
Although every law firm has its own way of communicating with clients, you’re trying to see if their communication style matches yours. Thoughtful answers to this question will describe how often they provide updates, how those updates are delivered, and who you can reach out to if you have a question in between updates.
Would you take my case to trial?
Not all law firms are upfront about how they operate. Some only handle cases up to a certain point. They’ll accept your case then try to push you to settle early (and for much less than your case may be worth). If you don’t settle, they’ll drop you without ever filing a lawsuit. When that happens, you’re left scrambling to find another lawyer willing to take your case to court. Easier said than done. Most experienced employment lawyers won’t touch it. Not because you don’t have a good case. But because these types of firms, called settlement mills, rarely do the work needed to prepare a case for court since that’s not their goal.
Employers also know which firms are willing to take cases to trial. When they know your lawyer’s not afraid to go to court, they take your claims more seriously—and often offer fairer settlements.
So before you hire any employment lawyer, ask them “will you represent me through trial if it comes to that?” Listen for answers that the lawyer will prepare your case with the mindset that it could go to trial. Do they offer discounts if you settle, or is their fee the same regardless of how your case is resolved?
How much does an employment lawyer cost?
Most people skip this question entirely, even though it’s one of the most important ones to ask.
Some law firms charge by the hour, which means you pay the lawyer’s hourly rate for every hour they work on your case. The longer they take, the bigger your bill. With hourly billing, you may also have to pay a hefty deposit before the lawyer starts any work.
Others offer more flexible fee arrangements. At my firm, for example, we accept wage theft cases on a contingency basis. This means our clients only pay legal fees if we win their case, and nothing if we don’t.
Even with this arrangement, no two firms are exactly alike. Some will offer a graduated contingency fee, where the fee increases the longer the case takes to resolve. A quick settlement results in a lower fee, while a case that goes to trial results in a higher one. A graduated fee arrangement may seem attractive, but it can create pressure to resolve your case earlier than you might otherwise choose. It is important to understand how those incentives may affect the way your case is handled.
Given this variation, you should know the costs before you commit to hiring a lawyer. Would you pay for any other service without knowing the cost, or at least an estimate? Of course not. So don’t settle for any lawyer who can’t or won’t tell you what you’ll owe them once your case is resolved. Instead, ask how you will be charged, whether any upfront payment is required, and what you are likely to owe at the end of the case. A good employment lawyer should be able to answer those questions clearly.