IV: The Process · Chapter 13

Finding a Lawyer

Remember: H.I.R.E.

10 min read||

What You Will Learn

How to find a specialist who represents employees, not companies, using resources like the National Employment Lawyers Association (NELA).
How most employee-side lawyers work on a contingency fee, allowing you to hire a top lawyer with no upfront cost.
How to prepare for a consultation to make the best possible impression and find a partner you can trust.

The 30-Second Answer

You need a lawyer who specializes in representing employees. The best place to find one is the National Employment Lawyers Association (NELA). Most work on a "contingency fee" basis, taking a percentage (usually 33-40%) of what they recover for you and charging nothing if you lose. Prepare for your consultation like a job interview: be organized, be professional, and have your key facts and documents ready. Your goal is to find not just a good lawyer, but a partner you trust.

The Story

With his evidence of discrimination submitted and his EEOC charge filed, David Chen's next critical step was to find a lawyer. He realized he needed a specialist, not a general practitioner. He went to the website for the National Employment Lawyers Association (NELA), an organization of lawyers who represent employees, and found a list of attorneys in his area. He researched three firms and scheduled consultations. For each one, he was prepared with a timeline, his key documents, and a clear summary of his story. He asked each lawyer about their experience, their strategy, and their fees. One lawyer, Sarah, stood out. She listened intently, asked smart questions, and explained the law clearly. She offered to take his case on a contingency fee basis, meaning she would only get paid if they won or settled. David felt a sense of relief and partnership. He had found his advocate.

The Action Plan

1Find a Specialist. Do not hire your cousin's real estate lawyer. You need an employment law specialist. Start with the National Employment Lawyers Association (NELA) website (www.nela.org).
2Do Your Research. Once you have a list of names, look at their websites. Do they represent employees or companies? Do they have experience with your type of case? Read their bios.
3Schedule Multiple Consultations. Try to talk to two or three different attorneys. This allows you to compare their styles, strategies, and personalities.
4Prepare Your "Intake Packet." Before your consultation, prepare a short, organized packet of information: a one-page summary of your story, a timeline of key events, a list of the key people involved, and copies of your most important documents.
5Ask Good Questions. You are interviewing the lawyer as much as they are interviewing you. Ask about their experience, their fees, and their assessment of your case.

The Details

How Lawyers Get Paid: Understanding Fees

Contingency Fee: This is the most common arrangement. The lawyer agrees to take a percentage of the money they recover for you (typically 33-40%). If you recover nothing, the lawyer gets nothing. This arrangement gives everyone, regardless of their financial situation, access to top-tier legal representation. Hourly Fee: You pay the lawyer for every hour they work on your case. This is more common for negotiating a severance agreement. Ask about costs as well. Costs are the out-of-pocket expenses of a lawsuit, such as filing fees and deposition transcripts. Clarify with your lawyer who is responsible for paying these costs. Finding the Right Fit A lawyer-client relationship is a partnership. You will be working closely with this person for months or even years. You need to find someone you trust, someone who communicates well, and someone whose judgment you respect. The initial consultation is your chance to see if that partnership is possible. What If You Cannot Afford a Lawyer? If you cannot find a lawyer willing to take your case on contingency, or if your case does not meet the threshold for a private attorney, you are not out of options. The legal system has resources for workers who cannot afford representation: Legal Aid Organizations: Every state has legal aid societies that provide free legal services to low-income individuals. Contact your local legal aid office or visit LawHelp.org to find one near you. Many legal aid organizations have employment law specialists. Law School Employment Clinics: Many law schools operate employment law clinics where law students, supervised by experienced professors, represent real clients in real cases. These clinics provide high-quality, free legal representation. Contact the law schools in your area to see if they have an employment law clinic accepting cases. EEOC Self-Representation: You do not need a lawyer to file a Charge of Discrimination with the EEOC. The EEOC intake process is designed to be accessible to individuals without legal representation. EEOC investigators will help you articulate your claim and will investigate on your behalf. This is a powerful tool. Pro Se Filing: You have the constitutional right to represent yourself in court (known as filing "pro se"). Federal and state courts have self-help centers and pro se guides to help you navigate the process. While having a lawyer is always preferable, filing pro se is better than not filing at all. Some courts also have volunteer lawyer programs that can provide limited assistance to pro se litigants. Bar Association Referral Services: Your local bar association often has a lawyer referral service that can connect you with attorneys who offer reduced-fee consultations or sliding-scale fees. The bottom line: lack of money should never stop you from asserting your rights. The system has doors for everyone. You just need to know which one to walk through. THE TOOLKIT The Toolkit RESOURCE/ WHAT IT IS WHY IT MATTERS TO CONCEPT YOU NELA National Employment Lawyers Association. A bar association for plaintiffs' employment lawyers. The single best place to find a qualified lawyer who represents employees. Contingency Fee The lawyer gets a percentage of your recovery, and nothing if you lose. This makes it possible for you to afford a top-tier lawyer without any upfront cost. Consultation The initial meeting with a lawyer to discuss your case. This is your chance to interview the lawyer and see if they are the right fit. Intake Packet The organized summary of your case that you prepare for the consultation. A well-prepared packet shows you are organized and serious, making a lawyer more likely to take your case. Remember: H.I.R.E. How to find and hire the right lawyer: LETTER STANDS FOR THE ACTION H Homework Research lawyers on NELA and review their websites. I Intake Packet Prepare a timeline, summary, and key documents. R Right Fit Interview multiple lawyers to find a partner you trust. E Engagement Letter Read the fee agreement carefully before you sign.

Five Real-World Scenarios

Scenario 1: The General Practitioner. An employee hires his family lawyer, who primarily does real estate, to handle his complex age discrimination case. The lawyer misses a key deadline, and the case is dismissed. You need a specialist.

Scenario 2: The Unprepared Client. A potential client shows up to a consultation with a disorganized box of papers and a rambling story. The lawyer, unable to quickly grasp the key facts, declines the case. Being organized matters.

Scenario 3: The Contingency Fee Success. An employee with a strong case but no money hires a top law firm on a contingency fee. The firm advances all the costs of the litigation. They win a large verdict at trial, and the employee pays the firm their percentage, walking away with a life-changing recovery.

Scenario 4: The Hidden Costs. An employee signs a fee agreement without reading it closely. He later discovers that he is responsible for all litigation costs, even if they lose the case. These costs can run into the tens of thousands of dollars. Always clarify who pays for costs.

Scenario 5: The Bad Fit. An employee hires a lawyer who is very aggressive but never returns his calls. The lack of communication creates constant anxiety. The employee eventually has to fire the lawyer and start over. The relationship is as important as the lawyer's skill. DECODER RING: Contingency Fee A fee arrangement where the lawyer's payment is "contingent" on them winning or settling your case. They are paid a percentage of the recovery. This is the great equalizer in employment law, allowing anyone with a strong case to afford a top lawyer. THE ALGORITHMIC SHADOW The Algorithmic Shadow AI is the ultimate expression of a system designed for employer advantage, and severance negotiations are no exception. In the critical first 48 hours after a termination, you are not just negotiating with a person; you may be negotiating with a ghost in the machine. Automated systems now calculate severance offers based on algorithmic risk assessments, predicting how likely you are to sue and calibrating the offer to the precise minimum needed to secure your silence. These systems analyze your demographics, role, tenure, and even social media activity to generate a take-it-or-leave-it number. The danger is compounded by the speed and scale of automation. When Amazon famously scrapped its AI recruiting tool for penalizing female candidates, it revealed a critical truth: AI systems trained on biased historical data will replicate and amplify those biases. The same principle applies to severance. If an algorithm was trained on data showing that women or older workers historically accepted lower offers, it will systematically perpetuate that discrimination, laundering illegal bias through a seemingly neutral process. This is no longer a theoretical risk. Courts have affirmed that AI vendors themselves can be held liable as an employer's agent for discriminatory hiring and termination decisions, meaning the vendor who built the severance-calculating algorithm may be just as liable as the employer who deployed it (see Chapter 21). Under the Colorado AI Act (SB 24-205), employers have a duty of "reasonable care" to prevent algorithmic discrimination in high-risk employment decisions, a category that squarely includes severance calculations. Similarly, Illinois law now requires employers to provide notice if an AI is used in decisions regarding discipline or discharge. These laws provide a legal hook to demand transparency from the outset. Do not accept vague answers. The question is not just if an algorithm was used, but how. Was it audited for bias as required by NYC Local Law 144? What were the results? What data was it trained on? Who is the vendor? Plaintiff-Side Insight: In the first 48 hours, your first move should be a preservation and discovery demand focused on the employer's automated systems. Demand all documentation related to any AI or automated decision tool used to calculate your severance offer, including the vendor's name, the system's training data, and any bias audits performed. Courts have opened the door to pursuing claims against the vendor directly , a powerful point of leverage (see Chapter 21). Treat the algorithm as a key witness you must depose. CLOCKED IN Clocked In Hire a Specialist: You would not hire a plumber to do electrical work. Do not hire a generalist for your employment case. Find a specialist through NELA. The Contingency Fee is Your Key: This fee structure unlocks the courthouse door for regular people. You are Hiring a Partner: The goal is not just to find a lawyer, but to find a trusted advisor who will be your partner in a long and difficult fight. In the next chapter, we walk through the lawsuit itself , from filing to trial, and everything in between. BR I N G T H E S E Q U E S T I O N S T O Y O U R FI R S T L A W Y E R M E E T I N G

Have you handled cases like mine before? What were the outcomes?

Do you work on a contingency fee basis? If so, what percentage?

Are there any out-of-pocket costs I should expect (filing fees, deposition costs, expert witnesses)? What is your honest assessment of the strength of my case? What is the realistic timeline from filing to resolution? Will you personally handle my case, or will it be assigned to another attorney? How often will you update me on the status of my case? What is the most likely outcome , settlement or trial? Have you filed EEOC charges before? Are you familiar with the Illinois IDHR process? What should I be doing right now to strengthen my case? Print this page and bring it with you. Take notes on the answers. Do not hire the first lawyer you meet , consult at least two or three before deciding. Adapt this language to your specific situation. This is a starting point, not legal advice. Before You Move On ▢ ▢ ▢ ▢ ▢ CH A P T E R 1 3 A C T I O N C H E C K L I S T I have identified at least 2-3 employment lawyers to consult I have printed the "Bring These Questions" list from this chapter I have organized my evidence into a clear, chronological folder I understand what a contingency fee arrangement means I have NOT signed a retainer agreement without reading it carefully SECTION SUMMARY This chapter guides you in finding the right lawyer to fight for you. You will learn that you don't just need any lawyer, but a specialist in employment law who represents employees, and that the best place to find one is the National Employment Lawyers Association (NELA). You'll discover how the contingency fee system works, allowing you to hire a top-tier lawyer with no upfront cost, as they only get paid if they win your case. We will provide you with an action plan to prepare for consultations to make an excellent first impression.

Resumen en español

Este capítulo es su guía para encontrar al abogado adecuado que luche por usted. Aprenderá que no necesita un abogado cualquiera, sino un especialista en derecho laboral que represente a empleados, y que el mejor lugar para encontrarlo es la Asociación Nacional de Abogados Laborales (NELA). Descubrirá cómo funciona el sistema de honorarios de contingencia, que le permite contratar a un abogado de primer nivel sin costo inicial, ya que solo cobran si ganan su caso. Le daremos un plan de acción para prepararse para las consultas y así causar una excelente primera impresión. Recuerde que está buscando un socio de confianza para este proceso. Con la preparación adecuada, puede asegurar el defensor que merece.

Educational publication

This chapter provides general information, not advice about a specific situation. Do not submit confidential facts through the book reader.