• Marc Kroop

Finding The Best Employment Lawyer For Your Case

Updated: Feb 16, 2018

You have started your search for an employment lawyer by entering the search term "Best Employment Lawyers" into a Google search. You are off to a great start on your quest to find employment help from the best employment attorney for your case. However, ensuring you hire the best employment lawyer for your employment case requires some additional due diligence on your part.

To begin with, it can be helpful for you to search for attorney reviews online from other clients that have had experiences with law firm that advertises its services as "Best Employment Lawyers." If an employment law firm's former clients or other attorneys provide positive feedback about the firm on legal websites such as Lawyers.com or Avvo.com that is an excellent indicator of the attorney's prior track record of success. Reviews indicating that an employment lawyer is attentive, responsive, competent and someone who genuinely cares about results, likely means that the law firm and particularly the attorney assigned to your case will stay on top of issues in your case. This includes meeting court filing deadlines, completing service of process, taking key depositions, performing written discovery, locating witnesses, preparing for trial and other matters related to your employment case. An attorney that neglects a client's telephone calls or emails is more likely to neglect other issues in a client's case.

Some attorneys will advertise themselves as "aggressive" or "experienced." Representations by an employment lawyer about their level of aggression or experience should cause you to seek out additional information about the attorney.

Obviously, an attorney's aggression can be necessary and an asset in certain cases. No client wants their attorney to be a pushover. However, your attorney's aggression levels should vary depending on your interests. If you have issues in your case that require a less aggressive approach with opposing counsel, it will not help for your attorney to maintain a business as usual "bull in the china shop" approach.

For example, in your employment case, you may have 100% chance of proving liability against your employer. However, the costs of pursuing the lawsuit may exceed the overall damages you can recover. In an average case, the costs (not including any attorneys' fees) of court filing fees, hiring court reporters for depositions or expert witnesses to prove key issues among other expenses can range from $25,000-$50,000. If your case has a certain liability but only a value of $15,000-$25,000, it would pay for your attorney to consider taking a less aggressive approach. Rather than taking an aggressive approach by filing an immediate lawsuit, it might make sense to discuss negotiated or mediated settlement with the other side first. This more cooperative approach with the other side will save costs. It is also likely achieve a better monetary result in a much shorter period of time.

On the other hand, if were denied overtime pay for a lengthy period of time and you are losing your ability to collect damages on a daily basis due to time limitation issues in your case, you probably want to hear from your employment lawyer that the lawsuit will be filed the same week you hire the attorney. That is because a less aggressive approach or delay in filing your case, could prevent your recovery in the case.

It is preferable to hire a flexible employment lawyer, rather than an employment lawyer who reacts aggressively in all situations. Also, you should consider that if your attorney is constantly aggressive with the other side, your attorney may be willing to take that approach with you as well. An attorney client relationship may last a few months or a few years. Having a cooperative attorney as your employment counsel is more likely to lead to a successful result in your employment case.

Hiring experienced employment counsel with a track record of results is definitely preferred. However, an attorney's representation that they are experienced also requires some further exploration by the client. First, the attorney advertising all of their employment law experience may have a business model in which the attorney turns your case over to a less experienced junior attorney or paralegal, after you sign the representation agreement. If those junior employees are not properly supervised, all of the lead employment attorney's advertised experience will not help you prevail in your employment case.

In fact, less experienced law firm employees taking independent action on your employment case, can cause major damage to your case. It is entirely fair for a client to inquire about the level of participation by the lead attorney, before the case iis on the doorstep of a trial. Your employment case can be won or lost by the decisions made in the case by a junior associate or paralegal, well before the onset of a trial.

Next, experience in one area does not mean that the attorney has experience in other areas. For example, since 1993, I have resolved over 500 employment disputes primarily involving issues related to wrongful termination, discrimination, harassment, retaliation and wage and hour, among other claims. However, I do not handle Qui Tam claims. Neither do I have experience handling ERISA (benefits) claims. If I were to agree to assist a client with a claim in either of those areas, it would require my association of experienced counsel that has substantial experience in those areas. An employment attorney that is best for your case, should have significant experience in the specific type of claim you are considering bringing.

The initial free consultation provided by most employment attorneys is the appropriate place to find out more about your prospective attorney's "best in class" assertions, or, the attorney's representations regarding "aggression" and "experience." It is entirely fair for a client to ask questions about the attorney's experiences and results in similar cases. While no attorney can violate the confidences or privileges associated with the representation of another client or former client, an employment attorney can, in an initial free consultation, give you some general idea of what to expect in your employment case and provide you a road map for the best way to proceed.

For clients that are interested in meeting with us and obtaining an initial free consultation, we provide a direct line to counsel. (925) 989-8264 Alternatively, you may email as at info@krooplaborlaw.com to obtain a written response to any of your employment concerns. We have two offices in the Bay Area. We will set up a free consultation to meet with you at the office that is closest to where you work or reside. Our East Bay office is located at 2950 Buskirk Avenue, Suite 300, Walnut Creek, CA 94597. Our San Francisco office is located at 100 Pine Street, Suite 1250, San Francisco, CA 94111.

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