Limited scope representation or contingency attorney needed for employment case San Diego

If you have a strong case, many or even most attorneys will represent you on a contingency basis. Plaintiffs attorneys understand that no ordinary person can pay by the hour for litigation. I cannot think of even one employment case any attorney in my office litigated on behalf of an employee that was handled on an hourly basis. This is particularly true in wage and hour cases because a plaintiff may obtain a separate award of attorney's fees to cover the expense of counsel. There is very limited value in paying any attorney to simply review the complaint. While an attorney can do so and determine if the elements of each cause of action (legal claim) are properly stated, the attorney will not know if you have described the facts adequately or -- more importantly -- beneficially, unless the attorney also spends enough time with you and your documents to assess the case overall. And, without a comprehensive case review, the attorney won't know if you have neglected to plead any viable claims. It is nearly always the case that a plaintiff does better with an attorney, even given that a portion of the recovery in a contingency case will go toward attorney's fees. And if you hope to reach a settlement with the opposing party, the other side is not likely to consider paying a reasonable amount to settle the case unless you are represented by counsel. Defense attorneys know how easy it is to knock an unrepresented plaintiff out of court just by employing various legal devices. So . . . my suggestion is that you seek counsel for the entire case, not just to review the complaint. IF you have already tried to find an attorney and have not been successful there are many possible reasons: Attorneys are not generally fearful people. We voluntarily entered into an adversarial field and understand that it can be a lot of work to win a case for our clients. If you are having trouble finding an attorney for your case, there are several possibilities: -- you are not looking in the right place for the right kind of attorney; -- you have contacted attorneys who do not practice wage and hour law; -- your case does not have as much value as you think; or -- you are not presenting your case in a way that makes sense to the attorneys. Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or not paid overtime, or whatever the issue is, in five words or less); the date(s) this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline. With respect to to your original for an attorney to review just the complaint, if you have trouble finding someone, it may be because the State Bar Rules of Professional Responsibility and the California Business and Professions Code restrict attorney solicitation of clients. The rules are Byzantine and sometimes nonsensical; for this reason, many attorneys are reluctant to make the first contact with a potential client. And . . . some attorneys who are willing to walk on the edge of the rules do so for reasons that are themselves unethical. I mention this as a caution to you; Just because an attorney is interested in your case does not mean you should be interested in that attorney. There is no replacement for experience and skill. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. ____________________________________________ Marilynn Mika Spencer The Spencer Law Firm 2727 Camino del Rio South, Suite 140 San Diego, CA 92108 (619) 233-1313