Do I need an employment attorney to discuss my case?
Issues at work arise – demotions, harassment, discrimination, unfairness, job loss, demotions, etc. – but do I have a case because of it? Is this something worth pursuing? What if I pay for a consult with an employment attorney and don’t have a case?
The questions above are just some that I hear from potential clients in deciding whether or not to set up an appointment for a consultation. It’s a dilemma – the individual may have lost their job and whether to hire an employment attorney to review the case may not be in the budget just yet. I think what will help in making the decision is understanding the value of a consultation with an employment attorney.
The Value of a Consultation
More than meets the eye: On more than one occasion (and I know the cases), I’ve had a client call my office, think that they had a case about X and we schedule a consultation. We sit down, go through the events, ask diagnostic questions, and then the light bulb goes off: each of us realizes that their case isn’t about X but actually about Y! Had the consultation never occurred, the client would not have even realized they had a separate right about a cause of action worth pursuing.
Communication: If you are wanting to know whether or not you have a case, don’t you want to hear all about it? Research has estimated that 93-80 percent of communication is nonverbal (body language, facial expressions, etc.). So, without a face to face consultation, or even a zoom, you arguably are only hearing about 20% of what is being communicated about your case. When you are on the phone, you may be driving, walking, checking email, or engaging in a number of activities that could be, understandably, distracting. However, a consultation is a dedicated time, distraction free, to focus on your important legal matter.
No substitute: Would you ever ask a friend to diagnose your medical problem? Would you want your brother-in-law to install a fuse for your dryer in the lectric box? When it comes to not identifying a medical issue or the risk of burning down your house, you’d probably go to a professional. The same approach applies to your legal problems. To be an attorney requires 4 years of college, 3 years of law school, passing the bar and then it still takes years of experience to understand the law. Asking a friend who heard of the same thing happening to their friend or googling is no substitute for setting a consultation with an employment and getting the benefit of YEARS of experience and training.
Peace of Mind: Peace of mind and receiving solid legal advice comes at a cost. Unfortunately, operating a law office, just like a doctor’s, CPA, plumber or any other licensed professional, does in fact cost money, and so there is a charge for employment consults (except those that involve workers’ compensation or physical injury at work). Individuals call and ask whether or not it is worth it? I think so, but respect that individual must consider not only their financial situation, but also commitment to their case. If the cost of a legal consult, which is the equivalent of going to an Urgent care, deters you from pursuing your matter, then maybe you should reflect on whether you want to pursue it? I can never guarantee the outcome of a consult, but I can tell you that we will endeavor to explain your legal situation so you have an understanding, a peace of mind, as to where your stand legally in regards to your situation at work.
The following reasons are not exhaustive, but hopefully give someone considering meeting with an employment attorney a better understanding of the process and what to expect in a consultation.
