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Dealing with Attorneys
the court. In other words, you must exhaust the administrative remedy. Anyone can represent you at the administrative proceedings. You don't need a lawyer to file at EEOC or state agencies investigating discriminations. (See EEOC process for private employment discrimination cases; and see the federal EEO process for federal employment discrimination cases.) There are more attorneys representing the employers than ones representing the complainants. This is so because generally it is more lucrative to represent the employer than to represent the employee. Federal agencies have their own in-house lawyers on payroll to defend themselves when cases are filed at the EEOC for hearing. See EEOC Hearing. Those few attorneys who represent the complainants, they may charge anywhere between $10,000 or more for an EEOC hearing and a lot more for trial at federal district court. (Typical hourly fees for attorneys are between $175 to $450 per hour. In LA, California, one law firm charges anywhere between $200 and $600 per hour. The hourly rate for their law clerks, paralegal assistants and consultants range from $145 to $210. Moreover, each email, fax, and phone call may be charged by minutes as well.) Very few attorneys offer a flat fee for a service. (If attorneys charge by hour, there is incentive to drag the case longer on the part of the attorneys.) If a settlement is reached, attorney may claim 50% or more on the total monetary settlement proceeds. Read the contract with your attorney very carefully and do not be afraid to negotiate the specific contract terms. But, needless to say, you want to have a good working relationship with your attorney. (See a sample of an actual attorney invoice.) Many cases are settled or dropped before ever reaching a hearing. This is generally so because preparing for the pre-hearing and the hearing is labor intensive; and for that reason, many lawyers and judges want to avoid the hearing. Many judges (who are overloaded with cases) want to render a summary judgment on the case without holding a hearing. Without a successful opposition to Agency's or employer's motion for a summary judgment, your case may summarily be dismissed without ever reaching 'a day in the court.'
fattening his or her wallet. Be aware of deadlines and documents being not submitted to the judge or to the agency/employer as they should.
your pending EEO case, if you are represented by an attorney. All communication should go through your representative. However, you should respond to agency's or employer's business or personnel decisions or notices involving yourself, via your attorney or not. For example, if your agency or employer requires you to report to return to work or to provide medical note certifying further leave, you should respond via your attorney or not. Failure to do so (because your attorney did not, or did not want to, for some reason) may cause your termination. Blaming your attorney later for not contacting the agency or employer may be too late. You must be in charge of the situation. Don't rely too much on your attorney.
the court rules or professional ethics rules. A well documented threat to report unethical conducts to such a board regarding your lawyer may cause him or her to reimburse the fee (partly or whole). Just as dealing with the agency or employer, you want to document everything when dealing with your lawyer.
In reality HR department exists to minimize the agency's or employer's risk or liability. It usually functions as a risk management team. Many HR departments ignore or suppress discrimination complaints, or, if a complaint is filed, try to justify the management's decision against you. In many cases reporting to HR may trigger a retaliation or may set a trap in motion to jeopardize your employment, contrary to its stated policy. However, it is usually good to report to your HR when there is a discrimination or retaliation (for filing a discrimination complaint). Do it in writing with your signature and date. And don't expect any satisfactory resolution or help regarding your complaint. As already said, when you report or complaint a discrimination to HR, do it in writing. If writing is discouraged or inappropriate at the time of reporting, submit a follow up letter summarizing your allegation of discrimination and what was said by HR in response to your complaint. This could serve as a valuable evidence later on. When you report, be sure to mention the D or R word: discrimination or retaliation. When mentioning discrimination, you should also mention the 'bases' of discrimination. They are: race, age, sex, disability, color, ethnicity, national origin, and/or retaliation/reprisal. See How To Write a Complaint. What HR says in response to your complaint is as important as what you say to HR, as HR is obligated to promptly and thoroughly investigate the charge of discrimination and, if true, to put an end to the practice of discrimination (including harassment). Therefore, keep a good record of your interaction with HR or with your management regarding discrimination issues. HR will not and cannot ignore a good paper trail. All statements contained in this page are subject to change and update. EEO 21 does not take responsibility for any errors or misrepresentation contained therein. |
| Advice on Attorneys and HR |
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