Lawyers Choosing Clients

How do employment lawyers choose clients?  Mike Maslanka, a defense employment lawyer, talks about this topic.  He discusses a talk he had with a plaintiff employment lawyer from Houston.  The Houston lawyer said he asks two questions: 1) what reason did the employer give for terminating you?  2) what was the real reason?  This plaintiff lawyer from Houston said he believed these two questions would "pry out the truth" regarding what happened.  I agree these two questions are key.

Mike then offers his version; as a defense oriented employment lawyer, he considers two quotes when choosing clients: 1) Salespersons often say the best sale they make is the one they did not make, and 2) Mark Twain warned that is often easier to stay out than to get out later.  I agree.  As Mike says, life is too short to deal with difficult clients.  I agree completely.  

This is especially true when considering plaintiff clients.  As I have mentioned before, very, very few potential clients come see me because they seek revenge or because they are looking for a pot of gold.  Most simply want some sort of vindication or recognition by someone in authority that they have been wronged.  But, they do want me to represent them sometimes with as little investment on their part as possible. They want me to take their case on contingency with no requirement that they pay anything.  So, yes, they may not tell me all the bad news in that first meeting.  We need to "pry it out" sometimes.  And, in the prying out process, we do sometimes learn which clients we need to avoid for many reasons. 

The Best Plaintiff is the Reluctant Plaintiff

 I talked a while back about how it can be hard to find a plaintiff lawyer for employment cases.  How about those times when the plaintiff employment lawyer does not want your case?  Harold Goldner, a plaintiff employment lawyer in Pennsylvania, talks about some cases he (and I) do not want to accept.  

A young man called me one time and insisted he cussed out out his boss one time, not twice as his boss claimed.  I had to explain to him that a boss can fire you even for merely cussing him out one time.  Yes, folks, hate to break the bad news to you, but you can be fired for unfair reasons (or for reasons some people believe to be unfair).  Texas is what is known as a "at will" state.  You can be fired "at will" and you can quit "at will."  Most states are "at will."  We are no different.  Except for a few situations, discrimination, a union agreement, or a written employment agreement, among other situations, a person can be fired for any trivial reason.  There is still no substitute for hard work and making an effort to get along. 

In my experience, the best plaintiff is the reluctant plaintiff, the one who comes to see a lawyer only as a last resort.