Employees who need to find an attorney should:

• Learn about your legal problem. Search the Internet for FAQs, starting with Lawyers.com's articles on non-competition agreements, severance pay, discrimination, sexual harassment and others.
• Search the web. Look in at least three places:
• Lawyers.com's attorney directory. Search for "Employment" lawyers in your city and state.
• General search engines, using key words describing your legal problem and your location, such as "Non-compete attorneys in Cleveland, Ohio."
• Attorney organizations, such as the National Employment Lawyer's Association and American Association for Justice, as well as local attorney organizations, such as your state or city bar associations. If you cannot find your city or state's Bar Association web site, look in your local telephone directory and call. Almost every bar association has an attorney referral service.
• Call your local attorney referral service, typically provided by your state or city bar association
• Consult with your family lawyer, an attorney that you know through sports or church, or an accountant, realtor or other professional. Employment attorneys tend to specialize, and the good ones usually have an established reputation throughout the community.

Once you have a list of names, use the following checklist for an initial screen, so that you narrow your choices down to three or four:

• Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of employment law that you need? Do they have any information on their Web sites that is helpful to you?
• Find out if the attorney represents employers or employees. Lawyers who represent employers usually do not represent employees. So look at the lawyer's profile and her client list, if she makes it available. If she primarily represents companies, she may not represent individuals. If you cannot tell, call the lawyer's office and find out.
• Use search engines to search for the name of the lawyer and his law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done? Cross check your references by searching with key words such as "employment attorneys" or "severance pay and attorneys."
• Ask other people if they have heard of the attorneys and what they think about them.
• You will probably want to hire a lawyer with at least a few years of experience.
• Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
• Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?

Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?

By now you should have a "short list" of two or three names. Contact the attorney's firm and ask to schedule a consultation. Most firms will charge a consultation to meet with you, and few employment attorneys will be willing to speak with you for free. Therefore, expect to pay anywhere from $75 to $250 for an initial consultation.

Don't be surprised if the attorney cannot meet with you on short notice. On the other hand, a wait of more than a week is a sign that the attorney may be too busy to give a new case such as yours the time and attention it requires.

The consultation with the lawyer is the most important factor in your decision to hire an attorney. Evaluate the attorney based on the following:

• Does she listen well?
• Does he understand your problem or will he have to do research to answer your questions?
• Can she explain the law in an understandable way and how it applies to your case?
• Does he give you confidence that he can solve your legal problem in a cost-effective way?
• Expect that whomever you hire will delegate a lot of responsibility to his or her staff. Therefore, evaluate how the lawyer's staff treats you, since they are a reflection of how the lawyer practices. At a minimum, both the lawyer and his staff should treat you courteously and professionally.
• Ask about conflicts of interest. Does the lawyer represent your employer or other interested party?
• Ask for references. You should talk to people who could comment on the lawyer's skills and trustworthiness. The best reference is one of the lawyer's current or former clients. You can also check with other lawyers.
• Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.

Money Matters

Ask for a copy of the lawyer's retainer agreement and review it with the attorney beforehand. Generally speaking, attorneys will charge for their services in one or more of the following ways:

• By the hour, usually anywhere from $90 to $250 an hour
• With a non-refundable fee retainer of as much as $5,000
• On a contingency fee basis, where you pay the attorney from 25% to 40% of what he collects in a settlement, or as much as 50% of a judgment if the case goes to arbitration or trial

Paying by the hour is the fairest arrangement for both the attorney and the client, since a contingency fee always benefits one side or the other. But most individuals cannot afford the $30,000 to $50,000 in attorney time that even a moderately difficult matter requires for preparation and trial. So a contingency fee is often the only alternative.

Related Resources on Lawyers.com^sm

- Access hundreds of Personal and Business Legal Forms that cover a range of legal needs
- Read Employees:  Preparing to Meet with a Lawyer or access more Labor & Employment Law articles and information
- Find a Labor & Employment lawyer in your area
- Visit Lawyers.com^sm Employment Law for Employees Forum for more help

Related Web Links

- Employment Law in Your State