You can go to our
Newsletters.
Or search for a word here:
How to Find the Right Lawyer
and Negotiate a Contract for Legal Services
by Anne J. MacLachlan
Good labor and/or discrimination lawyers appear to be difficult to
find, possibly because cases against UC are difficult to fight.
Nevertheless, it is critical to find an experienced lawyer who will do his
or her best for you and with whom you feel compatible.
Friends and colleagues will often recommend someone, but the
suggestions you receive will astonish you. Either the recommended lawyer
lacks the experience you need, doesn't litigate your kind of case, or worst,
has some connection with UC which prevents serving you effectively.
Women in the WAGE network may have better suggestions to offer.
Never accept a lawyer without checking the individual's legal
specialty and background, and that of their firm. The State Bar
Association will tell you where a lawyer received their degree, when they
joined the bar, and whether there have been complaints or malpractice
suits against them. Additional information on most lawyers is available in
the annual Martindale and Hubbell Law Directory.
The next step is to talk with the lawyer. You should be taken
seriously when you explain your situation, met with empathy and given
comprehensible explanations of points of law. Ask directly about relevant
experience, including if and how much their clients have won, and whether
other office clients could compromise their working for you.
Your lawyer should have fought cases against the labyrinthine
University and be familiar with academic life. Don't automatically reject
an experienced lawyer because they are located some distance from your
campus; much of your communication will be by phone, fax or mail.
Also be sure to ask about their fees and what accommodation they
can make for your likely shortage of money. Ask beforehand, but the first
hour is typically free except for a nominal fee for bar association
referrals.
If you are pursuing an internal University process such as a Privilege
and Tenure review, you will likely be asked to pay by the hour. Good
lawyers are not cheap; you can expect to pay $200 an hour or more. You can
ask for an estimate of the time involved and any other costs you will be
liable for, and whether you can pay a monthly amount. You will sign a
contract which sets out these costs and when you will pay them in
exchange for the lawyer's good-faith effort to help you obtain what you
seek.
Money becomes critical and a good contract with your lawyer
essential when you initiate a lawsuit against the University. The range of
contracts lawyers use is mind-boggling, but a lawyer you have found to be
fair will probably offer you a fair contract. Payment for trial work is
usually based on a contingency arrangement by which the lawyer receives
a fixed percentage of any pretrial settlement or jury award. The standard
is one third of sums received before arbitration or trial and 40%
thereafter.
It is not unusual in a contingency fee case to be asked to pay a
retainer. The amount is negotiable, and though $10,000 seems typical,
amounts from nothing (if you're very lucky) to more than $15,000 have
been asked. You can also negotiate paying the retainer in installments. A
retainer is a guaranteed advance on any percentage fee and should not be
charged in addition to it.
In addition to fees, your contract will spell out the nature of your
complaint and the general course of action the lawyer will be pursuing.
There will also be a standard paragraph establishing a lien for the
lawyer's fee and costs against any settlement or judgment.
Some possible elements in a contract should be cause for deep
suspicion Watch out for the above-mentioned retainer plus contingency, a
higher-than-standard contingency percentage, a clause giving your lawyer
power of attorney to settle on your behalf, or one by which you surrender
your right to sue him or her for malpractice.
Give the utterly draining character of attempting to achieve justice
form the University, you will need the support and sustenance of a well
informed, consultative and fair relationship with your attorney.
Preliminary research will yield later peace of mind.
(For further help try: Finding the Right lawyer, American Bar Association, 1995)
-wage@wage.org-