what do employers look for when hiring a n attorney

by Gerard Hammes 4 min read

When looking for an employment lawyer, you should focus on the lawyer's experience, skill level, knowledge, and fee structure.

Just as clients want to know they can trust a lawyer when they retain them, firms want to know that they can trust the new lawyers they hire.
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Essential Skills For New Lawyers
  • Dedication to clients.
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  • Builds strong team relationships.
Apr 21, 2014

Full Answer

What should I look for when hiring an employment lawyer?

Only hire the lawyer you believe is best-equipped to aggressively defend you — and dedicated to doing so. Questions to Ask Any Defense Attorney You Are Considering Hiring If you are facing serious criminal charges – and really, what criminal charges aren’t serious – and you are in the process of contacting potential lawyers, you need to ...

How can an employment lawyer help my business?

If you have a case, look for an attorney that possesses as many of the following qualities as possible: 1. EXPERIENCE. One of the most important things to look for in a potential attorney is experience – i.e. experience the lawyer and their law firm have in handling matters similar to those which you are facing.

Do I need a lawyer to review my employment decisions?

Apr 21, 2014 · The survey asked what skills, abilities, and knowledge domains are significant to the newly licensed lawyer. On a scale from “1” as “minimally significant” to “4” as “extremely significant.” So this is what new lawyers think they need, which is …

Do you need a lawyer for workplace regulations?

Nov 24, 2021 · Employment lawyers handle a wide variety of employment matters affecting the employer/employee relationship, including breach of contract, severance disputes, and confidentiality issues, among other things. When looking for an employment lawyer, you should focus on the lawyer's experience, skill level, knowledge, and fee structure.

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What do employers look for when hiring a lawyer?

Look for these top 10 traits when hiring an employment lawyer:Experience. Employment law is a niche field and it pays to choose counsel with experience and a proven record of success. ... Honesty. ... Strong Communication Skills. ... Supportiveness. ... Availability. ... Results-Oriented. ... Organization. ... Integrity.More items...•Sep 20, 2019

What characteristics make a good lawyer?

Below are ten traits that are common to the best lawyers in the United States.Passion for the Job. ... Compassion for Clients. ... Great Communication Skills. ... Willingness to Listen. ... Knowledge of the Law. ... Strong Writing Ability. ... Creativity. ... Good Judgment.More items...•Jun 17, 2019

How do you know if you'd make a good lawyer?

You work well with others. That's right—being a lawyer means working with people! ... You can persuade others. The ability to persuade=the practice of law. ... You are independent and self-disciplined. ... You can endure the grind. ... You don't take things at face value. ... You must be able to network.Sep 9, 2019

What are the weaknesses of a lawyer?

WeaknessesSkills gaps.Poor work habits.Client development.Negative personal characteristics.Sep 16, 2019

What to do if you have an employment dispute?

Hire an Employment Lawyer. If you are involved in an employment dispute, or need advice about an employment-related matter, you may need to hire an employment lawyer. An effective employment lawyer can help educate you on state and federal laws concerning wrongful termination, wage disputes, defamation, whistleblower protections, ...

What to do if you feel overwhelmed by an employee's rights issue?

If you're feeling overwhelmed with an employee rights issue or wrongful job loss it can be helpful to consult with an experienced lawyer. They can answer questions about your specific situation and discuss how the local laws impact your potential claims. Contact a local attorney to learn how they can help you demand fair treatment at work.

What can a lawyer do for you?

A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.

Why do you need a lawyer?

A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.

How to fire an employee?

Here are a few situations when you should consider asking a lawyer to review your decision to fire: 1 The worker has a written or oral employment contract that limits your right to fire (for more on employment contracts, see Nolo's article Written Employment Contracts: Pros and Cons ). 2 The employee may believe that he or she has an implied employment contract limiting your right to fire. 3 The employee has benefits, stock options, or retirement money that are due to vest shortly. 4 The employee recently filed a complaint or claim with a government agency, or complained to you of illegal or unethical activity in the workplace. 5 The employee recently filed a complaint of discrimination or harassment. 6 Firing the employee would dramatically change your workplace demographics. 7 The employee recently revealed that he or she is in a protected class -- for example, the employee is pregnant, has a disability, or practices a particular religion. 8 You are concerned about the worker's potential for violence, vandalism, or sabotage. 9 The worker has access to your company's high-level trade secrets or competitive information. 10 You are firing the worker for excessive absences, if you are concerned that the absences may be covered by the Family and Medical Leave Act or the Americans with Disabilities Act. 11 The employee denies committing the acts for which you are firing him or her, even after an investigation. 12 The employee has hired a lawyer to represent him or her in dealing with you.

What is misclassification in employment?

Misclassification often comes with a hefty price tag, which can include years of unpaid overtime and penalties for multiple employees. Other decisions. You may also wish to have a lawyer review any employment decision that will affect a large number of employees.

What to do if an employee sues you?

If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.

How long does it take to file a lawsuit?

The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.

Do lawyers come cheap?

After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke. The trick is to figure out which situations require some expert help and which you can handle on your own.

Why do employers need an employment lawyer?

Sometimes an employer needs an employment lawyer to help them avoid future legal problems, such as by ensuring that their employment contracts and policies comply with all applicable laws. An employment lawyer often becomes necessary when a dispute arises with a current or former employee.

What is employment law?

This is the type of law most often portrayed in television and movies. Employment lawyers can be either transactional lawyers or litigators, or both. Some employment lawyers focus on drafting contracts and other documents, and advising employers on legal matters that don't directly involve lawsuits.

What are the laws that prohibit firing employees?

Most U.S. states have " at-will employment " laws, meaning that employers can fire employees for any reason, or for no reason at all, as long as it doesn't violate the law. Laws against employment discrimination prohibit firing employees because of factors like race, sex, religion, or disability. At the federal level, these laws include: 1 Title VII of the Civil Rights Act of 1964 2 The Americans with Disabilities Act 3 The Age Discrimination in Employment Act, and 4 The Genetic Information Nondiscrimination Act.

What is the relationship between an employer and an employee?

The employer-employee relationship is subject to many legal requirements and restrictions. At one level, employment is a contractual matter between an employer and each of their employees, or between an employer and a labor union authorized to bargain collectively on behalf of the employees. Employers need to understand their rights ...

What is transactional law?

Transactional law consists of negotiating agreements, drafting legal documents, and other functions that don't involve going to court. Litigation means representing clients in judicial proceedings, including civil lawsuits, criminal defense, and appeals.

Does an employer have to provide benefits to employees?

Federal law does not require employers to provide any particular employee benefits. If an employer decides to provide certain benefits to their employees, the Employee Retirement Income Security Act (ERISA) regulates how they must administer those benefits. This federal statute applies to:

Can an employer fire an employee?

Employers in most states can fire employees for virtually any non-discriminatory reason. But if an employer is planning on firing many or most of its employees through layoffs or a reduction in force, the federal Worker Adjustment and Retraining Notification (WARN) Act requires them to give advance notice of their intent. Many states have their own WARN laws with similar or more strict notice requirements. Employment lawyers can help their clients prepare for mass layoffs, furloughs, or a reduction in force in compliance with the law and the employer's contractual obligations.

When should I contact an employment attorney?

A person should contact an employment attorney as soon as they become aware of an issue. If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages.

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

Can an employer lay off employees?

The employer plans to lay off or fire a large number of employees, terminate an employee benefit, or change the current pension plan that it offers. An experienced employment attorney can also assist you with legal issues other than employee-employer disputes.

What should I do before meeting with a lawyer?

Before meeting with a lawyer, a person should prepare themselves to describe their problem with a brief, clear summary.

What should I ask my lawyer about?

A person should ask the lawyers about their experience with the specific type of problem that they have, their fees, what their options might be, their chances of success, who will do the work on their case (whether the attorney or an associate), and when the problem might be resolved.

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Advice on Employment Decisions

  • A lawyer can help you make difficult decisions about your employees. Firing.Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior. A lawyer can tell you not only whether terminating the worker will be legal, but also what steps you can take to minimize t…
See more on nolo.com

Representation in Legal Or Administrative Proceedings

  • Lawsuits.If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court. The time limits for taking action are very short -- many courts require you to file a formal, legal response to a law…
See more on nolo.com

Reviewing Documents

  • Contracts and agreements.A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court. If you have included any language that mi…
See more on nolo.com

Next Steps

  • If you have decided that it might be wise to speak to a lawyer, your next step is to find a good one. For tips and information on finding an attorney, read Nolo's article How to Find an Excellent Lawyer.
See more on nolo.com