Finding a Plaintiff Employment Lawyer is Never Easy

Posted on June 2, 2009 by Tom Crane

 Looking for a lawyer is never easy.  In the employment law business, many clients call me or other plaintiff employment lawyers at the last minute or close to the last minute.  Typically, potential plaintiffs do not start calling lawyers until they receive the "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC).  Most charging parties naively believe the EEOC will conduct a true investigation.  So, naturally, they do not start looking for lawyers until it is clear the EEOC will not resolve their issues.  

Unfortunately, in San Antonio, as in most jurisdictions, there are far more potential plaintiffs than there are lawyers.  It is hard to find a plaintiff employment lawyer.  Some potential plaintiffs get caught up in the referral from one personal injury lawyer to another, all of whom decline the case.  So, by the time the 90 deadline (statute of limitations) is about to expire, they still have not found a lawyer willing to accept their case.  By far, most potential plaintiffs need a lawyer willing to accept the case on contingency.  Not surprisingly, most potential plaintiffs have little money - they have lost their job quickly and unexpectedly.  

It is a system almost designed to frustrate lawsuits.  Indeed, that was the intent when the Civil Rights Act of 1964 was passed.  Many members of Congress hoped then that the EEOC would resolve most disputes.  In actuality, the EEOC resolves very little.  

I tell all potential clients, employment law or otherwise, they should speak to 2-3 lawyers before choosing one.  In the employment law area, I warn them they also need to see lawyers asap.  If I cannot accept their case, I provide three names of lawyers who might be able to help them.  Because the 90 days passes so quickly, I tell them they need to make appointments with all three right away.  otherwise, many potential clients make the mistake of seeing one lawyer before even making an appointment with the other two.  Making one appointment at a time takes too long.

It is a very significant challenge finding lawyers for an employment case, when you are an employee.  Do *not* waste your 90 days.  Heck, many clients do not even start looking until 30 days or so have passed.  They just do not realize how hard it can be to find a good plaintiff employment lawyer.  

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Most Clients are Well Intentioned

Posted on May 21, 2009 by Tom Crane

 I recently talked about clients who "forget" key evidence because they are nervous or simply frightened about their situation.  On the other hand, there are, on very rare occasions, those folks at the opposite extreme.  The potential clients who know or should know they do not have a strong case.  They just want to manipulate the system.   In some 15 years of actively doing employment cases, I have had maybe 2-3 clients who fit this category.  But, even they, I think, deluded themselves into thinking they had a case or might have a case.  One potential client, a spurned lover in an affair gone bad, simply wanted me to tell her how to get revenge or her former boss, her former lover.  

I am not really in the revenge business.  For one thing, how can I be sure that the available "revenge" will be enough revenge?  It is never wise to accept clients you cannot hope to satisfy.  But, it is flatly unethical for a lawyer to file a claim s/he knows is not well grounded.  If you do that too often, you, as a lawyer, will gain a reputation for weak claims.  So, ultimately, it is simply bad business to file weak claims.  

So, yes, it is very rare, but once in a great while people do come see me about claims they know or should know are weak.  But, you know, out of some thousands of potential clients, 2-3 is not too bad.  The overwhelming majority of clients who come see me are very sincere, even if they may be wrong or simply lack objective evidence.  Most just want to know: "Do I have a valid claim?" 

 

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Most Potential Clients are Rational

Posted on May 20, 2009 by Tom Crane

So many clients or potential clients have come to see me or discussed their problems with me on the phone.  Invariably, the pattern goes like this:  They are so scared about their job and nervous about seeing me.  Many are so frightened that I will tell them they do not have a case or that the law does not protect them.  So, they often focus on the wrong things.  They cannot tell me what I most need to know.  Often, they recall specific incidents, what I refer to as evidence, only when they drive home.   They then call me later and tell me more.  But, their recollection may come after I have already told them they have no case.  

I sympathize.  I know what it is like to be afraid for your job future and believe, rightly or wrongly, that you lack control.  It is frightening.  

Many times, I have to tell a potential client that they do not have a claim, or their potential claim is very weak.  Bad news does occur.  But, for the rest of the potential clients out there, just remember that what what a lawyer most needs to hear is why you believe you have a claim.  Why you believe you are upset.  As with a doctor, history is everything.  Most, the overwhelming majority of abused, harassed workers are rational and have reached their conclusions based on pretty decent evidence.  You need to explain why you believe certain actions are discriminatory.  

Many times, an employee tells me that they were treated unfairly in being disciplined for an objective, seemingly valid offense.  It is only when I press them that they explain well, Joe Schmo has committed the same offense and never been written up.  And, by the way, no one else has ever been written up for this offense.  Now, that is evidence that we can use. 

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