Most people choose a lawyer from the first page of search results and hope. There is a better method, and it takes one conversation with each of two or three firms.
This page sets out what actually distinguishes one employment lawyer from another, the questions that reveal it, how the money works, and the warning signs worth walking away from.
What actually matters, and what does not
Matters: they do this work. Employment law on the worker's side, harassment and retaliation specifically. A general practice that takes a harassment case occasionally is not the same thing.
Matters: they will deal with the obstacles in your case. Arbitration agreements, missed internal reports, a release you have signed, a public employer's separate process. Ask directly.
Matters: who does the work. At some firms you meet one person and never hear from them again. Ask who will handle your file day to day, who will take your deposition preparation, and who appears if it goes to court.
Matters: they tell you the weak parts. Every case has them. A lawyer who only describes strengths in a first call is selling, not assessing.
Does not matter much: advertising. Billboards and search rankings measure marketing spend.
Does not matter: a promised number. Nobody can value a case responsibly before reading the documents.
Two checks to run before you call
License and discipline. The State Bar of California publishes every attorney's license status and any public discipline record. It takes a minute and is the single most useful check available.
What they actually do. Look at whether the firm represents workers or employers. Some do both, which is not disqualifying but is worth knowing. A firm whose other clients are companies defending these claims may have conflicts.
The questions that tell you something
- How many harassment and retaliation cases are you handling right now? Current workload tells you more than career totals.
- Who will be my day to day contact, and who appears in court?
- What are the weaknesses in what I have told you? The answer reveals whether they were listening.
- What are my deadlines? You should leave the call knowing your dates. If they cannot say, they were not paying attention.
- What do you need from me in the next two weeks? A real plan beats reassurance.
- How does the arbitration agreement I signed affect this?
- What are the realistic routes, and what does each involve? Agency investigation, immediate right to sue, settlement talks.
- If I want to stay out of public records, what changes?
- How and how often will I hear from you?
- What happens if we disagree about settling? The decision should be yours.
How the money works
These cases are normally taken on a contingency fee, which means the fee depends on a recovery and is agreed as a percentage. California requires that arrangement to be in a written agreement setting out the rate and how costs affect the calculation, and fees are negotiable. There is no standard percentage.
Three questions to settle before signing:
- Are costs deducted before or after the fee is calculated? It changes what you receive.
- Who pays expenses if there is no recovery? Filing fees, deposition transcripts and experts add up.
- How are court-awarded attorney's fees treated? California allows a successful worker to recover fees from the employer, and how those interact with the percentage should be explained in plain terms.
The first consultation should be free. Be cautious of anyone charging to tell you whether you have a case.
Warning signs
- A figure quoted before anyone has read your documents.
- Pressure to sign a representation agreement on the first call.
- A fee agreement that is not in writing, or that does not explain how costs are handled.
- No clear answer about who will do the work.
- Your deadlines not discussed at all.
- Dismissiveness about your privacy concerns.
- A promise about the outcome. Nobody can make one.
- Being told to resign immediately, before anyone has looked at what you are owed.
What a good first call sounds like
Twenty to forty minutes. You describe what happened in your own order. They ask about dates, authority, what you reported, what the employer did and what has changed since.
You should leave with four things: a view on whether what happened crosses the legal line, your deadlines, what to do in the next week, and the realistic routes. A free consultation that gives you none of those was a sales call.
It should also be confidential. Nothing is reported to your employer.
What to bring
- Your chronology: dates, what happened, who was present
- Any report you made, and any reply
- Messages, emails, photographs or recordings you already hold, kept whole
- Offer letter, contract, any arbitration agreement, employee handbook
- Recent reviews, schedules and pay statements
- Any severance or settlement document, with its deadline
Do not delay the call to assemble all of it. Bring what you have.
If you already have a lawyer and are unsure
You are entitled to ask for a status update in writing, to know what has been filed and when, and to understand what happens next. You are also entitled to change representation, although there may be fee consequences where work has already been done. If you cannot get a straight answer about your own deadlines, that is reason enough to get a second opinion.
Questions people ask
Usually nothing up front. These cases are normally taken on a contingency fee, so the fee depends on a recovery and is set as a percentage in a written agreement. California requires that agreement to state the rate and how costs are treated, and fees are negotiable. There is no fixed rate.
It should be, and it is here. Be cautious of anyone charging to tell you whether you have a case. A free consultation should still produce real information: your deadlines, the routes available, and what to do next.
The State Bar of California publishes license status and any public discipline record for every attorney. It takes a minute and is the most useful single check you can make before a first meeting.
Two or three is sensible if you have time, and nobody should object. Compare what they say about the weaknesses in your case and about your deadlines, not what they say about themselves. If a deadline is close, prioritize speed.
Ask why, specifically. A reasoned explanation is useful information. Firms also differ in what they take on, so a second opinion is reasonable, particularly if the reason given was about the size of the claim rather than its merits.
No, and a number quoted before anyone has read your documents is a warning sign rather than a selling point. What a case is worth depends on the conduct, the employer's response, your losses and the evidence.
You do. Ask at the outset how disagreements about settlement are handled, and make sure the answer is that the decision is yours. Your lawyer advises; you decide.
It is worth knowing. Some firms do both, which is not disqualifying in itself, but a firm whose other clients defend these claims may face conflicts. Ask directly which side it usually acts for.
Yes, although there may be fee consequences for work already done. You are entitled to know what has been filed and when, and what happens next. If you cannot get a clear answer about your own deadlines, get a second opinion.
Start with one conversation
Bring your chronology and whatever documents you have. You will leave knowing your deadlines, whether the claim stands up, and what to do in the next week, whoever you eventually choose.
Free and confidential: (800) 371-3088 or send what you have.
Related reading: when to talk to a lawyer, the full California sexual harassment guide, whether you can sue, whether you need a lawyer, what a sexual harassment case is worth, about this firm, a Los Angeles sexual harassment lawyer, and workplace sexual assault claims.
Sources
- State Bar of California, Consumer Guidelines for Hiring a Lawyer: what to check and what to ask.
- State Bar of California, What to Expect Regarding Fees and Billing: fee arrangements and negotiability.
- State Bar of California, Written Fee Agreement Instructions: Business and Professions Code section 6147 and what a contingency agreement must contain.
- California Civil Rights Department, Complaint Process: the routes available and what each involves.
- California Civil Rights Department, Employment: the three year filing period and the remedies available, including attorney's fees.
- U.S. Equal Employment Opportunity Commission, Time Limits for Filing a Charge: the 300 day period in California.
- Public Law 117-90, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, enrolled text: why an arbitration agreement is a question to raise at the first meeting.
Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.