Selecting a California Employment Lawyer: A Practical Guide for Employees
Identifying and retaining the right lawyer can be the key to a successful outcome when you’re facing a legal problem related to your employment in California. Because there is no formal or professionally recognized ranking system for lawyers, most people find it very challenging, if not practically impossible, to figure out who is the best attorney for your case, especially if you are like most people and never have been involved in a serious legal dispute or a formal court proceeding.
Matt Ruggles has been practicing employment law in California for more than 30 years, and he has encountered lawyers of every sort – from “double Harvard” lawyers (lawyers that went to Harvard undergrad and Harvard Law School) to lawyers that are total snakes and have been disbarred for serious misconduct. Based on that extensive experience, Matt has developed the following practical considerations that employees should consider when selecting the right employment lawyer to represent you.
Check Educational Background and Credentials
Start by verifying that the lawyer attended an accredited law school. This is crucial because it ensures that they have received a quality legal education. You should also check their standing with the California State Bar by visiting calbar.org to see if there are any records of disciplinary actions against them. Disciplinary records for attorneys in California generally are public and will be listed in the attorney’s public record on the California State Bar’s website. In Matt’s opinion, a public record of discipline should almost always disqualify a lawyer as your potential representative.
Evaluate Professional Experience
Experience is critical in employment law. Look for a lawyer who has many years of practice “labor and employment law” with a particular emphasis in “employment law.” Does the lawyer list “employment law” as a primary part of their practice on their website? If not, Matt would question whether the lawyer actually does a significant amount of employment law.
Additionally, if you can find information online about cases the lawyer successfully has won or resolved, that can give you insight into the lawyer’s experience and skill. Most county court’s have public dockets that allow any member of the public to search civil cases by name, including an attorney’s name; searching for the attorney by name and looking at the “complaint” (usually the first or second document listed on the docket of most lawsuits) will reveal if the lawyer has litigated employment claims.
Experience makes a huge difference, and is more significant than education. An attorney with an Ivy League education but no practical experience is not going to get a good result for you; he is going to waste your time and money and then give you an explanation you cannot understand.
Specialization is Key
If you have an employment claim, you want a lawyer that expressly specializes in employment law – preferably, a lawyer that practices exclusively in employment law. Be careful with lawyers that say they do employment law, personal injury law, as well as other types of law. Those attorneys don’t really do employment law – they do the other stuff and just say they do employment law because almost everyone is an employee, and they just figure they might as well. Matt Ruggles has encountered many such attorneys, and they almost always are totally ineffective. Lawyers who focus exclusively on employment litigation for plaintiffs are more likely to be well-versed in the nuances of the law and can provide the strongest representation.
Consider the California Employment Lawyer’s Location
While employment law is consistent across California, court procedures can vary between counties, particularly between Southern and Northern California. A California employment lawyer familiar with the local court system can navigate these differences more effectively.
If your case involves suing an out-of-state or nationwide corporation and may end up in federal court, ensure the lawyer has federal court experience as well. If the lawyer does not have experience in federal court (like most personal injury lawyers), find someone that does because if you are suing a big corporation, your lawsuit will almost always be in federal court, not state court.
Ask the Right Questions During the Initial Consultation
During your initial consultation, ask the lawyer about their experience with cases similar to yours and their success rate. Determine when they can file your lawsuit and who will be handling your case—whether it will be the primary lawyer or an associate (junior attorney) or a paralegal.
Also, clarify how communication will be handled during your case and what the fee arrangement will be. The fee agreement always should be in writing. Ensure that you have a clear agreement on how court costs and other expenses will be handled and accounted for during the lawsuit. Check to make sure the lawyer has professional liability (malpractice) insurance.
Watch for Red Flags
Be cautious if a lawyer combines employment law with personal injury or other areas. If they don’t primarily focus on employment law, it could be a sign that they aren’t the best fit for your case. If you find it difficult to secure a lawyer who specializes in employment law, it may be worth considering whether your claim is strong enough.
Verify Credentials and Reputation
Check platforms like LinkedIn, Avvo.com, and Martindale-Hubbell for reviews and ratings. These can provide valuable insight into the California employment lawyer’s reputation and how they are perceived by both clients and peers.
Look for Commitment
Gauge the lawyer’s commitment to your case by assessing their communication. Do they provide regular updates? Are they proactive in informing you about important dates like depositions and trials? A lack of communication or delays in action can be a red flag that the lawyer may not be fully committed to achieving the best outcome for your case.
Understand the Role of Certifications for California Employment Lawyers
The California State Bar does not offer specific certifications for employment law. However, this doesn’t diminish the importance of choosing a lawyer who has substantial experience and expertise in this field.
In conclusion, selecting the right California employment lawyer requires careful consideration of their credentials, experience, and focus on employment law. By following these guidelines, you can ensure that you choose a lawyer who is best suited to represent your interests and help you achieve a favorable outcome in your employment law case.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California and federal court. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
The fight for employee rights is an ongoing battle that requires vigilance, knowledge, and the unwavering commitment of both employees and employers. California, with its robust legal framework, stands at the forefront of protecting workers’ rights and promoting diversity and inclusion in the workplace.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
