Hiring an employment discrimination attorney after you have been fired may be more than a little intimidating. After all, you just lost your job. How will you afford a lawyer? And how much does an employment discrimination attorney charge, anyway?

In this blog I will explain Eisenberg & Baum’s contingency fee policy, and what it means for your workplace discrimination claim. I will also explain why contingency fees put your lawyers firmly in your corner, and how to make the most of your free initial consultation.

Lawyer Fees Come in Different Forms

Depending on your legal needs, you may be charged differently by different attorneys. Generally, there are four primary fee structures different lawyers use, and some lawyers use a hybrid of two or more of these structures:

• Court Appointment. If you have a court-appointed lawyer (usually for criminal cases) you will often be required to pay the court a set, significantly reduced amount for your representation. The court is the one who pays the lawyer.
• Flat Fees. Many transactional lawyers (who prepare documents) will use a flat fee system. They will charge you up front for the full cost of doing the work. You don’t pay any more or less no matter how much time the attorney takes on your case.
• Hourly Fees. Litigation firms often charge their clients based on the hours spent on the case. This means the more work your lawyer does, the more expensive your attorney fees will be.
• Contingency Fees. Some personal injury firms, employment attorneys, and other consumer lawyers use a contingency fee, where the law firm gets a percentage of your earnings out of any settlement or court award. The amount you pay is based on how much you receive, not the amount of work done.

How Contingency Fees Work

Under a contingency fee agreement there are no up-front costs to hiring a lawyer. You won’t have to borrow money to pay a large retainer or agree to installment payments that could span years. Instead, payment is “contingent” on your recovery. In other words, your lawyer doesn’t get paid until you do. When you enter into a settlement or the judge or jury returns a verdict in your favor, your lawyer is entitled to a percent of that winning (usually between 33% and 40%, depending on the nature of the case).

Before you sign a contingency fee agreement, make sure you know what is included. On top of the attorney fees, you may also be responsible for costs related to the development of you case. This could include the fees paid to expert witnesses. These amounts will often be taken out of the final award as well. But unlike attorney fees, costs may be due whether you win or lose. Make sure you know ahead of time whether you will be paying costs along the way, or waiting until the end of the case. Then make plans accordingly to make sure all your witnesses get paid.

Why You Want a Contingency Fee Lawyer

At Eisenberg & Baum, LLP, we always use a contingency fee for any kind of employment discrimination case. We do this because we think it is fair. It puts us on the same side as our clients, and makes sure we do everything we can to get them an award they can live with.

Unlike flat fees or hourly fees, a contingency fee arrangement makes sure the work we do is focused on bringing you the best outcome in your employment discrimination lawsuit. We are not tempted to cut corners or do extra work to make the most of our fees. Instead, everything we do is designed to develop your case and get you the most for your claim.

Contingency fees also ensure that you get a fair assessment of your case from day one. A lawyer who only earns money from an award isn’t going to agree to work on a case he doesn’t think will win. That means a contingency fee lawyer is more likely to give you an honest assessment of what she thinks your case is worth.

How to Use Your Free Initial Consultation

Most people don’t think of an initial consultation as a two-way interview, but it is. Especially if your attorney works on a contingency basis, the first meeting is all about getting to know each other and the case at hand. Here are a few things you can do to help make the most of that interview:

Get Your Paperwork Together

No lawyer will expect you to know how much your case is worth going in. But the more information you bring with you to the initial consultation, the easier it will be for the attorney to put a value on your claim. You may want to bring with you:

• Wage and income information (like a pay stub or last year’s W-2)
• Medical bills (related to the harassment or discrimination)
• Letters regarding employment (like a termination letter)
• Papers demonstrating discrimination (like emails or text messages with derogatory language)

Be Ready with Questions

An initial consultation always involves a lot of questions by the lawyer. They are designed to get to the heart of your case and determine its strengths or weaknesses. But the attorney shouldn’t be the only one asking questions. This is also your first opportunity to understand the process, so come with questions prepared. How the attorney answers your inquiries will tell you a lot about your case, and the people working on it.

The initial consultation is also the best time to make sure you understand your contingency fee arrangement. Your lawyer should fully explain how your fees and costs are paid, and what happens if you win or lose.

Personality Counts

No one gets along with everyone. So during your initial consultation, take a look at the way your lawyer acts and responds. Is this someone you want to work with for months, or even years? Personality counts at the negotiation table and in the courtroom. So before you sign a retainer agreement, make sure your lawyer is someone you can listen to and respect.

Get On Board With an Employment Discrimination Attorney

Contingency fees may be a little confusing on first glance, but they are the best way to ensure you and your employment discrimination attorney are on the same team. At Eisenberg & Baum, we will take the time during your free initial consultation to make sure you understand how your fee agreement works and how your case will progress. We will take the time to answer all your questions. So don’t wait for the situation at work to get worse. Contact us to schedule a free initial consultation today, and find out what your case is worth.