Friday, April 15, 2011

When Employers Need Lawyers

Looking out for a lawyer? Lawyers are everywhere and there is an abundance of legal services they can provide depending on the legal predicament we are in. Each lawyer has their own expertise. With common sense and discretion, we will be able to eliminate the particular lawyer we definitely need to expertly assist us. Lawyers specializing in employment law are expected to represent either employees or employers. It is advisable for an employee who is filing a claim against his or her employer to hire a "plaintiff's lawyer". This type of employment lawyer has expertise in representing employees in employment law disputes.
On the other hand, employers need lawyers to help them defend their company against claims by an employee. Employers usually have their so-called 'company lawyers' already since businesses have pertinent legal matters aside from employment law matters and employee lawsuits. 
However, these lawyers' legal services may be limited only to initially assessing the problems and coming up with a plan in resolving them. So, if there is significant potential liability exposure to employment law claims, the employers may have to start talking with a lawyer or law firm with expertise and ample reputation in handling the particular claims they are facing.

Furthermore, if the plaintiff who launched the claim involves a labor union or organized labor, then employers need to take a different approach on the legal issues being presented. The employment law has special provisions regarding this kind of situations, and employers facing such issues must hire lawyers or a law firm with expertise and pertinent experience.

There are lots of lawyer sites in the internet offering their specialized services. But as we have stressed, picking out a lawyer without proper discretion may lead to disastrous results and the burden of having to pay outstanding fees. Finding the perfect employment law lawyer that specializes in defending employers against employee claims entail initial screening.

Here are some of the categories to look out for in order to narrow down the list of prospective candidates:

o Biographical information - these can be found on the lawyers' and their law firms' web sites. Based on what is found, ascertain their expertise in the area directly concerning the lawsuit being faced.

o Lawyer profile - it is important to know who the lawyer and his or her firm opts to represent in the particular case being faced. One can always call up to know this fact.

o Informational pieces - these can be located through search engines where an employer may turn up with articles, testimonials, endorsements, etc., bearing the lawyer or law firm's name, thereby establishing credibility.

o People's opinion - gleaning information by asking other people directly about what they think or heard. Ask for references. Talk to people who could comment on the lawyer's skills and trustworthiness. Talk to some of the lawyer's representative clients. Get a reference from a bank and from other lawyers. Employers can also dig up further on a lawyer's abilities and status through browsing into the following:

o State bar associations - these can provide information if the lawyer has an excellent track record.

o Telephone directory - it is also advisable to check out advertisements of the lawyer or law firm straight from the yellow pages to find out if they are compelling enough

o Local newspaper archives online - find out if there has been publicity and news about the lawyer or the cases he or she has handled

Finding a good lawyer to come up with the expectations required of them is tough. The employer concerned must know if there are any conflicts of interest on the part of the lawyer and if there is a possibility of having to retain the lawyer or law firm with the necessary expertise.

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