You believe that you have a solid case against your employer. You have taken the time to do the research and have identified the perfect employment lawyer, but when you reach out to this professional, you find out that he isn’t interested in taking your case. You try another employment law firm. Still no go. What’s going wrong?
It might be that your case isn’t the clear-cut winner that you think it is. It could be something you’ve said. It can be challenging to find an employment lawyer on the employee side. There are few employment law firms with this type of experience. Many seasoned employment lawyers are incredibly busy. Although they definitely want to take on good cases, they aren’t exactly waiting around for the phone for your call.
Following are several things that you can say that might cause an employment law firm to turn your case down, even if it is a good one.
This case is going to be easy money: If the case is so easy, why are you looking for an employment lawyer. In employment law, there is never such a thing as easy money. In fact, plaintiffs usually lose these cases. If these cases wind up being settled early on, it’s usually due to the reputation of the lawyer and the ability of this professional to convince the other part that you have a case with merit. You shouldn’t insult your employment lawyer from the outset.
I’m not settling for anything under a million dollars: Best of luck with that. In employment law, there are often caps on the amount that can be recovered. Even if no caps exist, most of these cases do not bring in a ton of cash. This is telling your lawyer that you’re going to be unrealistic and difficult to deal with during negotiations. An employment lawyer wants to know that you’ll be willing to list when a settlement is recommended.
They’re going to settle to avoid negative publicity: You hope. More than likely, they won’t. A lot of people think this, but it rarely turns out to be true. I often find that with more publicity, companies are a lot less likely to settle. Even though defendants who don’t settle lose about $1.1 million on average as a result, they understand that employment law and the related cases are complex. Your attorney is going to have to convince the other party’s attorney that you have a case with merit. Moreover, your employment lawyer cannot threaten to go to the police or the media given that this is extortion.
I have talked to 10 different lawyers: So how come none of these professionals took your case? You might be trying to play lawyers against one another, or it may not be a good case. Seeming arrogant can turn lawyers off. It is okay to speak with several lawyers, but you should not try to pit them against one another. The employment law community is a moderately sized one, and thus, we all tend to know one another.
I’ve talked with lawyers who’ve quoted a lower price: Then this is who you should hire. If you’re talking to an expensive lawyer, this professional probably has more experience. Don’t beg for discounts as this can be insulting to a lawyer’s rates.
My last lawyer sold me out. Highly doubtful. When lawyers work on contingencies or partial contingencies, getting you the best deal is in their best interests. You may have just had realistic expectations for your case and the suggested settlement amount. Why would another lawyer want to take your case if you have proven difficult for a different lawyer? If you’ve been through many lawyers, it is probably you, not them.
Your staff said ____: My desk is right next to the office manager who takes all of my incoming calls and I find what prospective clients try to tell me that she said when I was privy to the entire conversation. They might claim that she quoted the wrong key, said something misleading about their cases, or something else that I know she never said, and suddenly, this person has zero credibility. Never try to tell a lawyer that you’ve been told that there’s no fee when there is or that you were quoted a lower fee or anything else that just isn’t the truth. If you show yourself as a liar from the outset, no lawyer is going to want to take your case.
I’m looking for a pro se lawyer: This means that you want someone to work for free. You should talk to Legal Aid or Legal Services. Practicing law is not a hobby. We would rather spend time with our loved ones than in our offices. We pay our bills and our mortgages by practicing law. You don’t ask doctors to do their work for free so why should you expect attorneys to? If you’re looking for a lawyer who is willing to work on contingency, ask if this is possible. Just don’t ask a lawyer to handle your case for free. Walter Mendes from LM Law likes to say: “You can always choose to represent yourself in court if you want to save money; but if you want to be sure to win your case, you should hire a skilled attorney.
I know you quoted your fee over the phone, but I’d like to talk first: Use that line on your doctor. If you have been quoted a fee, don’t waste your time or a lawyer’s time by trying to talk them into working for less or for no fee at all.
Let Us Recommend A Lawyer Based On Your Location:
Lesperance Mendes Employment Lawyers
900 Howe St #550, Vancouver, BC V6Z 2M4
I forgot my appointment (or I ran out of gas or any other lame excuse for not showing up): If you don’t respect a lawyer’s time, don’t expect this professional to want you as his or her client. They can only assume that you’ll be missing or late for all hearings and depositions, and even for your trial. Never fail to show up. If you have to cancel, let your lawyer know in advance so someone else can be penciled in.
I haven’t completed the questionnaire: There are some clients who have refused to give me the names of their employers and in one case, the name of the client. The questionnaire exists for a reason. There is a reason for this questionnaire, just like there is a reason for completing your medical history questionnaire with your doctor.
I didn’t bring my paperwork (or it’s in this disorganized wad): Take care of the documents that are vital to your case. Bring these when you come for your appointment. Make sure you can find what you need. If you cannot take care of your own evidence, few lawyers are going to be interested in taking your case.
I will do the work: You arrive with 20 binders, half of which are filled with your own legal research. You say that you’re willing to do the legwork – you just need a lawyer to sign off on the pleadings. Even though lawyers like people to get involved in their cases, you should not insult these professionals by telling them that you can do their job just as good or better than they can.
Be respectful. Treat lawyers like the professionals they are. Be kind to their team members as well.
After you have hired a lawyer, work hard to maintain a good relationship. A lot of people think that being nasty to their lawyers is a good idea. This is someone who will be giving you advice, so you don’t want to alienate them. You wouldn’t be nasty to your accountant or doctor.
With diligent research and cooperation on your end, I wish you the best in your experience working with an employment lawyer.