Finding the right attorney can make or break your employment case. The most important thing to understand upfront: you want an attorney who represents workers, not companies. In legal terms, this is called a plaintiff-side employment attorney. Many large firms represent employers — those are defense-side firms and they are not who you want.
Fee Structures Explained: Most employment attorneys work on one of three models. Contingency means the attorney takes a percentage (typically 33-40%) of your recovery and you pay nothing upfront — if you don't win, they don't get paid. This is the most common arrangement for discrimination and retaliation cases. Hourly means you pay a set rate per hour (typically $250-500+). Some attorneys offer a hybrid model with a reduced hourly rate plus a smaller contingency percentage. Many attorneys offer free initial consultations (30-60 minutes) to evaluate your case.
What to Look For: The attorney should specialize in employment law, not just "do some employment cases" as part of a general practice. Ask how many employment cases they have handled and their track record. They should have experience with your specific type of claim (e.g., Title VII discrimination, ADA accommodations, FMLA retaliation). They must be licensed to practice in your state. Check reviews on Google, Avvo, and your state bar association website. Ask if they have trial experience — many cases settle, but your attorney's willingness to go to trial strengthens your negotiating position.
Red Flags: Be cautious of attorneys who guarantee a specific outcome (no ethical attorney can do this), who pressure you to sign a retainer immediately, who don't return your calls within a reasonable timeframe, or who seem unfamiliar with the specific statute that applies to your situation.
Where to Find Attorneys: The National Employment Law Association (NELA) directory at nela.org is the gold standard — every listed attorney is plaintiff-side. Your state bar association has a referral service. The EEOC sometimes provides referral lists. Our Find an Attorney tool can help you locate employment attorneys in your state.
Preparing for Your First Consultation: Bring your timeline of events, any key documents (termination letter, performance reviews, emails), and a list of questions. Be honest and thorough — attorney-client privilege protects everything you share. Know your filing deadlines (EEOC charges typically must be filed within 180 or 300 days). Write down what outcome you want — reinstatement, back pay, policy changes, or something else.
What to Expect After Hiring: Your attorney will likely send a demand letter, file an EEOC charge or state agency complaint, and begin gathering evidence through discovery. Many cases settle before trial. The process typically takes 12-24 months from filing to resolution. Stay in communication with your attorney and continue documenting events.
Multiple Consultations Are Normal: It is perfectly acceptable — and often advisable — to consult with 2-3 attorneys before making a decision. Each may have a different assessment of your case, and you should feel comfortable with whoever you choose to represent you.