Finding A Lawyer for Your ADA Case

Sherrie Bennett

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The Americans With Disabilities Act (ADA) has a provision for "shifting attorney's fees," which means that if you win your case, the person or company you're suing has to pay your attorney's fees.

So if lawyers believe you have a good case, you should be able to find an attorney to represent you, because they know they'll get paid if you win or settle the case.

It's a good idea to consult with several attorneys.

An attorney can:

• Point out legal remedies other than the ADA, such as other state or federal laws that might apply
• Make the other side feel threatened by the possibility of a hefty damage award, which could be good incentive for them to settle quickly
• Represent you in court
• Prepare witnesses
• Process legal paperwork
• Negotiate with the other side to come up with a solution before you even get to court.

A competent disabilities attorney will have an accessible office and be sensitive to your particular needs as to assistive devices and so forth.

Many disabilities lawyers belong to the National Employment Lawyers Association, although membership in an association doesn't guarantee competency in a particular area of law.

Ask any lawyer you interview about his or her experience with cases like yours:

• How many have they settled?
• How many have they taken to trial?
• Have they had experience with cases involving other types of discrimination?

You should also ask any lawyer you talk to for an assessment of your particular case:

• What would be an expected outcome?
• Will the lawyer charge a "retainer" fee ahead of time before doing work?
• How long should the process take, and who will be responsible for the costs of preparing a case?
• Do you foot the entire bill if you lose at trial?

The Process

Many accommodation problems resolve as soon as the offending business finds out about a disabled person's claim. Sometimes it's necessary to make suggestions to the business about inexpensive ways to restructure the premises or otherwise solve the obstruction problem.

Anyone feeling discriminated against by an employer can file a complaint with the Equal Employment Opportunity Commission. Remedies include court orders to stop discrimination.

Individuals may file complaints against state and local governments with federal agencies designated by the Attorney General, or bring private lawsuits.

You can bring a private lawsuit against a public facility to obtain court orders to stop discrimination, but the court can't award money damages to you.

Individuals can also file complaints with the Attorney General, who file lawsuits to stop discrimination and obtain money damages and penalties.

Disabled persons who feel a public transit system has discriminated against them may file complaints with the Department of Transportation or file their own lawsuits.

If you believe a privately operated bus or van company has discriminated against you, file a complaint with the Attorney General or bring a private lawsuit under the public accommodations procedures.

Individuals may file complaints against phone companies with the Federal Communications Commission.

If a business refuses to work with you or your lawyer, it will be necessary to file a court case and begin what's called the "discovery" process. Your lawyer will dig for information about what the business has done to make the facility more access-friendly, and the business' lawyer will be entitled to information about your disability and what you would consider to be a reasonable accommodation.

These cases can often drag on, especially if the business is not willing to compromise.

But a stubborn business risks a judge's ruling that they must make changes to accommodate you and be stuck with paying your attorney's fees as well.

This information was provided by the Disability Rights Education and Defense Fund, Inc, (DREDF).

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