what questions should an employer ask an attorney before they retain them

by Lynn Bernier 3 min read

What questions should I ask my employment lawyer?

Consumer Reports suggests that the following questions be asked during an interview with any attorney a consumer is considering retaining: How many years of experience do you have in this specialty and how have you handled similar disputes in the past?

Do lawyers like to do the questioning?

10 Questions to Ask an Attorney before retaining them. Finding the right attorney for you and your legal need. ... They go to see that attorney and they retain them right on the spot and then weeks later they regret the fact that they did not do any research first. Here is the bottom line, there are more quality attorneys out there than there ...

Do you need a legal background to hire a lawyer?

Apr 09, 2015 · Ask a few questions about the lawyer's view of your case or situation. Five: What are the likely outcomes in my case? Lawyers are not fortune tellers. They should never guarantee a specific result. However, they should be able to give you a frank preliminary assessment of how your case is likely to play out. Six: What will the fees and expenses be?

What should you consider when hiring a personal injury lawyer?

As a result, you should ask your lawyer how he or she will respond to your ongoing needs, how quickly he or she can return calls, and whether the attorney has someone on hand in the office to answer quick questions should they come up and you need to get a quick answer. Of course, you need to understand that the attorney may not personally be ...

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What are some good questions to ask an attorney?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

What do employers look for in lawyers?

7 skills for a successful law careerCommercial awareness.Attention to detail.Communication.Teamwork.Information analysis and research.Organisation.Creative problem solving.Other useful skills.

Should I tell my employer I have an attorney?

Speaking to a lawyer should be confidential; however, you may worry that your employer will find out about your legal discussions and retaliate by firing you. Thankfully, even if your employer were to find out you spoke with a lawyer, the law makes it illegal for your employer to retaliate against you.Feb 2, 2021

How do you interview a potential attorney?

Litigation-related questions to ask a lawyer in an interview include:How many court and jury trials have you done and what is your win percentage? ... What is the chance that I receive a favorable outcome? ... What are the risks if the case does fail? ... What are the odds of a settlement? ... How long should I expect this to take?

What are the weaknesses of a lawyer?

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

What personality traits are needed to be a 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

Can an employer tell you not to talk to a former employee?

Mikel says employers cannot really ask its employees not to talk to each other, but in some matters, companies do have latitude in limiting employee contact. ... "In general, if the employer can show they have a legitimate business interest in prohibiting communication, that might carry the day in a lawsuit," she says.Mar 31, 2016

Can you sue your employer?

Some people worry that suing their employer may cause problems in the workplace. However, employees are legally entitled to seek compensation from an employer if they breach their duty of care. This means that you cannot be discriminated against or dismissed as a result of making a claim against your employer.Aug 3, 2021

What do labor lawyers do?

What Do Labor Lawyers Do? As a division of employment law, labor lawyers represent both employers and employees in disputes and negotiations. ... Labor lawyers will represent members of labor unions in cases against employers and in strike negotiations, as well as employers in cases against employees.

What are some legal questions to ask during an interview?

Legal Interview QuestionsWhat education do you have?What experience qualifies you for this job?Do you have licenses and certifications for this job?Are you willing to travel?What name(s) are your work records under?Do you have the legal right to work in the United States?Are you available for overtime?

What are the best interview questions to ask?

The Top 15 Interview Questions to Ask Job CandidatesWhat do you know about our company, and why do you want to work here? ... What skills and strengths can you bring to this position? ... Can you tell me about your current job? ... What could your current company do to be more successful?More items...•Dec 10, 2021

What are some typical interview questions?

Your Ultimate Guide to Answering the Most Common Interview QuestionsTell Me About Yourself.How Did You Hear About This Position?Why Do You Want to Work at This Company?Why Do You Want This Job?Why Should We Hire You?What Can You Bring to the Company?What Are Your Greatest Strengths?More items...

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

Why are lawyers so bad at responding?

Generally, lawyers who are bad at responding in a timely fashion are this way because they lack adequate support staff. Many try to wear every hat in their office, from drafting pleadings, meeting with clients, and going to court, to making copies, stuffing envelopes, and answering phones.

What is hourly billing?

And, of course, the most common type of billing arrangement is hourly billing, in which an attorney bills for his own time and the time of his paralegals, at a certain rate per hour, meaning you pay for exactly the amount of work you get.

What is contingency fee?

Contingency fees are common in cases like personal injury, medical malpractice, and other cases with very large potential judgments that make it financially reasonable for the attorney to take a portion of the recovery instead of charging hourly rates. And, of course, the most common type of billing arrangement is hourly billing, ...

Do attorneys charge for initial consultation?

Indeed, some attorneys will charge you for the initial consultation, so you should know that before you go in to get information and come out with a bill in hand.

Can a lawyer represent you?

Your lawyer cannot be effective representing you or other clients if he or she is taking every call that comes through to him or her everyday. As a result, if you need to speak with your attorney, you should be prepared to schedule an appointment for a phone call when you are both ready and available.

Do people hire attorneys?

Most people do not hire attorneys everyday. This may leave them at a bit of a disadvantage in knowing what they should find out from an attorney before hiring them.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Do you want to hire an attorney who will challenge you?

While you don’t want to hire an attorney who will challenge your every move, you also definitely don’t want one who is so afraid of getting fired that they’re reluctant to question you when they have a legitimate concern.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

Is it difficult to get a complete picture of someone's personality?

No matter who you’re interviewing, it’s difficult to gain a complete picture of someone’s capabilities and personality over the course of an interview. This difficulty is compounded when you’re someone without a legal background who’s interviewing an attorney.

What is the key to understanding your legal options?

They are the ones with the legal understanding of the system and the laws, but you should be able to be confident and feel comfortable with that decision, whatever it is (trial or otherwise). Communication is key to understanding your legal options.

What is compensation for lost wages?

Compensation for lost wages and/or benefits. Holding employers accountable for their actions. Remuneration for pain and suffering due to discrimination or harassment. If the firm has delivered positive results in your type of employment matter before, they are much more likely to deliver positive results in the future.

What to expect from an experienced attorney?

An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

Why is it important to find an attorney?

It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.

What is the best way to defend a client in a criminal case?

When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

How to settle a case out of court?

In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.

Do attorneys delegate their work to other attorneys?

Oftentimes attorneys will delegate certain tasks involved in your case to other members of the legal team. This can be of benefit to you, as a junior associate’s hourly rate may be lower, which will save you having to pay a higher rate for your attorney to do the same task.

Can an attorney control the outcome of a case?

Just as with the outcome of a case, no attorney can control every aspect of the legal process or guarantee exactly how the case will play out. However, your attorney should be able to devise a clear defensive strategy and a plan for how to proceed with your case.

Can a lawyer guarantee a specific outcome?

No lawyer should guarantee a specific result for your case and you should be wary of any attorney who makes promises about what the exact outcome will be. However, an experienced and knowledgeable attorney should be able to evaluate the preliminary information they are given about your case and make an assessment as to how it may likely play out. It is also important to find what your attorney thinks are the strengths and weaknesses of your case which will shape the defense strategy that he or she will devise.

What is personal jurisdiction?

Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case. The venue and personal jurisdictional defenses, if not raised immediately, will be waived and you won’t be allowed to raise them at a later date.

Does general liability cover contract disputes?

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none. While coverage may not be guaranteed, what is certain is that the failure to notify the insurance company of the suit in a timely fashion will jeopardize any coverage you may have had.

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