Employment discrimination. This is a common form of civil rights lawsuit. Federal law prohibits discrimination on the basis of age, disability, genetic information, sex (including pregnancy), religion, race, national origin, and color. It also prohibits harassment on the basis of these protected categories. [1] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source Before filing a lawsuit, you must report the discrimination to a government agency. [2] X Research source Housing discrimination. Federal law also prohibits housing discrimination on the basis of religion, sex, disability, familial status, race, color, and national origin. [3] X Research source Police misconduct. The police violate your constitutional rights when they use more force than necessary to arrest or detain you. If so, you can bring a “section 1983” claim for the violation. [4] X Research source Many civil rights attorneys handle these cases. [5] X Research source
Try to remember all important details, including who said what, or what actions people took. Also, be honest and record what you said or did. Date and sign your statement. This will help make the statement more authentic.
If you were discriminated against in employment or housing, then write down the name of all people you were in contact with at the leasing office or the employers. If you were the victim of police misconduct, then try to catch the names of the officers as well as bystanders. If you are being restrained, then have someone with you try to collect this information.
If you have a lot of documents, then it might be helpful to create a binder in which you can store witness statements, communications, and official reports. Organize the binder in a meaningful way and take it with you when you meet with a lawyer.
If you were assaulted by police while visiting relatives in another state, then you will need to hire an attorney who works in that state. You cannot hire an attorney in your home state to represent you.
No matter how much you trust the person who gives you a referral, don’t automatically hire the lawyer they recommend. [9] X Research source Different people have different communication styles and expectations from a lawyer. You still want to meet with the lawyer and judge for yourself how well you get along.
To find a bar association, you can search the Internet. Type your state or county and “bar association referral. ” There should be a phone number to call or an online submission form that you can fill out.
To find a legal aid organization near you, search the Legal Services Corporation’s website at www. lsc. gov. At the homepage, click on “Find Legal Aid” and then enter your zip code. Links or contact information will be provided to legal aid organizations in your area.
If you are bringing an employment discrimination claim, then do not be impressed by how successful the attorney has done in product liability cases. That is a different area of law. Also check to see that the attorney has handled a similar case recently. The law often changes regularly, so you want an attorney who is familiar with the current status of the law.
Remember a few basic caveats when reading online reviews. First, every lawyer has a disgruntled client or two. [13] X Research source The fact that you see a negative review does not mean the person is a bad lawyer. People may be more motivated to leave negative reviews than positive ones. Think about your own positive experiences with your dentist, doctor, or business that you frequent. How many times have you left an online review? Many people are motivated to review only when upset. So the lack of positive reviews may not be meaningful. Instead of treating each individual review as definitive, look for common themes. If many clients mention having difficulty contacting the attorney, then the lawyer may indeed have a problem in that area.
You should find the state’s disciplinary agency by searching the Internet for “lawyer discipline” and then the state. Once at the website, you can use a “Lawyer Search” function. Type in the attorney’s name and see if any disciplinary history has been listed. There may also be a list of disciplined attorneys available on the website for your to browse. [15] X Research source
You should probably consider experience, location, and reviews as you winnow down your list. Remember that the more experience a lawyer has, the higher his or her fees typically are. Nevertheless, don’t hesitate to reach out and contact an experienced lawyer. If the lawyer’s fees are too high, then he or she can refer you to another civil rights attorney who charges a reasonable fee.
Some attorneys offer free or reduced-fee consultations. [16] X Research source You should ask about the price before confirming your consultation. Also ask how you can pay the fee (check, credit card, cash). [17] X Trustworthy Source Workplace Fairness Nonprofit organization focused on public education and advocacy on issues related to employment and labor law Go to source You should insist on meeting in person (unless that doesn’t work for you). By meeting in person, you get a better sense of how organized the lawyer is and what his or her communication style is like.
Be sure to take only copies to the attorney. Also, be sure to take your copies with you after the consultation unless you agreed to hire the lawyer on the spot.
You could ask how many cases the attorney has handled that are like yours. [19] X Research source For example, if you are bringing an excessive force claim against the police, then you would want to know how many of those cases the lawyer has handled. Also ask if there are other ways to resolve your civil rights dispute. [20] X Research source For example, the lawyer might think arbitration or settlement is a better route to take. Ask how the lawyer communicates. Does he or she send regular emails? Is the lawyer available by telephone? Can you stop in and visit? It is important to understand how the lawyer communicates since communication is often a source of conflict between clients and attorneys. Ask about the likely outcome. [21] X Research source Here, you get to see how the attorney analyzes your case and how knowledgeable he or she is about the law. Don’t ask questions that you can learn the answer to by looking at the lawyer’s website. For example, “Where did you go to law school?” and “What year did you graduate?” should be answered on the website.
Often, civil rights attorneys will represent clients on contingency. With contingency fee agreements, the lawyer will only get paid if you win or settle your case. In those situations, the lawyer will take around a third of your settlement or jury award. [22] X Trustworthy Source Workplace Fairness Nonprofit organization focused on public education and advocacy on issues related to employment and labor law Go to source As the plaintiff, you will still be responsible for court costs, such as fees associated with filing the lawsuit and with court reporters. If you bring a section 1983 claim for police misconduct, then you can seek reasonable attorneys’ fees if you win. [23] X Research source This means that the defendant would pay for your lawyer.
The lawyer promised you would win. [24] X Research source In truth, no lawyer can guarantee how your case will turn out. A lawyer can offer a professional guess, backed up with reasons. But any lawyer who promises a result should be avoided. The attorney’s staff is rude to you. A lawyer who tolerates rude staff does not care about his clients. The lawyer’s office is messy. This signals that the attorney is not careful. A messy office also makes it hard to keep client information confidential. If you see files stacked all over the place or papers covering the lawyer’s desk, then you might want to cross him or her off your list.
Did you feel comfortable meeting with the lawyer? Did the lawyer project sufficient skill and experience to handle your case? Did you understand the lawyer’s explanation of your case? Is the fee reasonable?
If you didn’t feel comfortable or confident with any of the lawyers you met with, then you will need to get additional referrals and schedule more consultations.
Also read the fee agreement. This agreement may be included as part of the letter or may arrive separately. The agreement should spell out in detail how the lawyer’s fees are being calculated and when you will be billed. If you don’t agree with something in either the engagement letter or the fee agreement, then call the lawyer and have it fixed before signing. You should only sign agreements with the lawyer when you agree with everything in the document. You should make sure that both the fee agreement and the engagement letter are in writing. Keep a copy for your records after signing. [26] X Research source
