Chosing an attorney
manyhats
9 Posts
Tomorrow I begin interviewing attorneys to handle a possible suit brought against my organization on an employee issue. Any advice on questions to ask will be appreciated.
Comments
When we met with them, they had prepared an agenda addressing the issue and in great detail explained the pros and cons we were facing. Knowing that we were interviewing other firms, they were up front with loads of info. They answered questions we did not know to ask.
They handled our problem quickly and with a minimum of "billable" hours.
We did NOT consider the cheapest or the most expensive firm. We selected them because they didn't talk about how great they were, they showed us.
Good luck!
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
1) Pick an individual whose practice focuses upon employment litigation. Using the local general practitioner is like taking a knife to a gunfight, especially if the plaintiff is represented by an experienced employment attorney.
2) Get recommendations from HR managers/business owners who you know and respect. They may be able to give you some guidance on who they have worked with and found to be helpful. Just as important, however, is the fact that they may be able to give you some names to stay away from.
3) In interviewing attorneys, I don't agree with the recommendation that another reader gave, regarding asking about other cases. First, the attorney shouldn't share those details, and second, you're trying to compare apples with an unknown fruit. If some other plaintiff had a lousy case but the attorney you are interviewing still negotiated a $20,000 settlement, what does that tell you? Without knowing the details of the case, you can't learn much from it. If the attorney gives you the details of the case--stay away, as that attorney is revealing privileged information. Recommendations from others (see above), and client references (see below) are more
valuable.
4) Make sure you understand exactly how the case will be staffed. You want to know who will work on it, at what rates. Don't let the work get scattered among a lot of folks, and make sure you know who you principle contact will be throughout the case. It is unreasonable to expect a firm or even well-informed estimate of costs at this stage, because the attorney doesn't know the facts and the work required is driven by the facts, the law, and the tactics of opposing counsel. However, you can get a range, and calls to client references provided by the attorney should give you some feedback on client's perceptions of the reasonableness of the billings.
Hope that helps some. Good luck.
David E. Nagle
Editor, Virginia Employment Law Letter
(804) 343-4077
[email]dnagle@leclairryan.com[/email]
PS: Thanks for the plug, Anne!
We all wish you good fishing in this very large pond!
PORK