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When you face workplace discrimination, one of the first steps many consider is hiring a discrimination lawyer. However, like many important decisions, this one comes with both advantages and disadvantages.
Discrimination lawyers are often the first resource employees think of when considering fighting against workplace discrimination or abuse. It was the first option I considered. Partially because I didn’t even know what the EEOC was when my fight started, partially because I assumed once a lawyer was in my corner my company would immediately realize the seriousness of the situation and correct the situation.
Imagine my disappointment when I managed to retain representation of not just one attorney, but an entire legal team (3 lawyers!) of a large, well-known nationwide law firm and my company didn’t seem to be the least bit intimidated.
I thought my company would freak out, immediately realize how serious the situation was and take action. What actually happened? The Okta Alumni Channel suddenly came back to life after two months of inactivity just to post this seven month old video of me talking about why I had returned to the company and what felt like a personal warning:
…it’s crucial to leave your employers on good terms and maintain a positive relationship even after giving notice of your departure. To achieve this, it’s essential to maintain a productive workflow until your last day on the job. Doing so demonstrates your professionalism and helps you retain a positive relationship with your colleagues and employers.
And then… the Chief People and Places Officer commented on it! Yes, the comment seems harmless, it only says +1 to Boomerang’s, but it was the only post he commented on… ever. None of the prior posts received his attention and the page went inactive again a week after having made only one other post about mental health awareness (ironic right?).
I can’t prove there was any malicious intent behind the post or comment — even if he did choose to remove his completely harmless comment the day I referred to it on LinkedIn, but either way — I’m getting off track.
My point is, from the week my lawyers notified my company I was represented, I began learning that companies aren’t as intimidated by legal representation as we might expect them to be. Why is that? Well partially because they know they have preemptively protected themselves with arbitration agreements that required you to sign away your legal protections and your right to fight them in court before you began employment and partially because they’ve caught on to the fact that most lawyers are signing clients for settlement negotiation only and won’t actually pursue the case through to litigation.
As a result it becomes a game of chicken and as more law firms focus only on settlements and refuse to litigate, it can leave a victim feeling re-victimized by those they believed were there to protect them.
So in this article, I’ll review the pros and cons of hiring an attorney and in my next article I’ll cover what other options you have to fight back.
Pros
Legal Reassurance that Your Claims are Valid
One of the most valuable benefits of retaining a lawyer, especially one working with you on contingency (they don’t get paid unless you get a settlement or win your case if litigating), is having a professional validate the legitimacy of your claims. Many victims of discrimination doubt themselves, wondering if what they experienced is actionable. When my attorney agreed to even review the evidence I had, I cried. Why? Because my company’s response had left me feeling like I was seeing ghosts that weren’t there and I was just grateful to have someone acknowledge there was at least something to look into. They did end up taking my case, but contacting attorney’s is a draining process, so know that even just getting a lawyer on the phone with you (past the intake personnel is a feat in and of itself). Once you have representation, a seasoned lawyer provides the reassurance that you are not imagining what is happening to you, that your claims hold legal weight and giving you the reassurance to keep fighting that you may not have found otherwise.
Legal Direction on Which Claims You Can Fight
Not all workplace grievances meet the legal threshold for discrimination, retaliation, or wrongful termination. An attorney’s expertise can help you distinguish between the issues you can fight in court and those that might not meet the standard. This guidance saves time and resources, focusing your efforts on claims with the strongest legal standing.
When They Fight, They Fight to Win
Law firms take on a lot of risk and expenses by representing, if they have signed with you through litigation (and not just settlement negotiation), you can rest assured that they are just as invested in getting the win as you are.
When my attorney agreed to even review the evidence I had, I cried. Why? Because my company’s response had left me feeling like I was seeing ghosts that weren’t there and I was just grateful to have someone acknowledge there was at least something worth looking into.
Cons
Legal Strategy and Forced Silence
A significant downside of hiring a lawyer is that, once you’re in a legal process, anything you say to anyone outside of legally protected relationships can be used against you. This means you can typically talk to your lawyer, your spouse and maybe a therapist, but no one else. You’ll also be told to be careful about looking too happy on social media (because yes that can also be used against you) and to be mindful of anything you put in writing or record. Essentially you move from feeling like you have to be overly cautious with what you say and do at work, to feeling like you have to be overly cautious about what you say and do everywhere. This silence can lead to additional social isolation and in some ways feel like an additional layer of punishment in a battle you likely never even wanted to be in.
Settlement-Focused Contracts
Many lawyers today structure their initial contracts to focus solely on securing settlements. While settlements are often quicker and less risky than litigation, this can be a huge downside if you’re seeking justice beyond financial compensation. If your case requires litigation and your lawyer only handles settlements, you may find yourself searching for new representation midway through the process — an overwhelming task in and of itself, now made even more complicated because your first lawyer likely placed a lien on any potential future recovery regardless of whether their the ones who help you get it.
Difficulty in Finding Representation
It can be incredibly challenging to find a lawyer willing to take your case. Lawyers turn down cases for reasons unrelated to the validity of your claims — they may be too busy, or they may believe your case is too complex or difficult to win. This rejection often feels like a personal blow, making it easy to question whether you’re a victim at all, when in reality, you could have a very solid case, but the lawyer simply believes they could win three cases in the time they could win yours. Even if your case is worth 2x any one of those cases, they’ll still come out ahead by turning down your case and taking the three easy cases.
You Are A Financial Decision First, A Victim Needing Justice Second
Despite their role in helping victims, lawyers are running a business. They can be a significant support when fighting, but you may not always feel like your lawyer is fully in your corner and that’s because they’re not — they’re only in your corner if they believe they can win enough to make it worth it for them to continue helping you. The legal world is often clinical and impersonal, which can leave you feeling like just another case rather than someone who matters and deserves justice.
… as more law firms focus only on settlements and refuse to litigate, it can leave a victim feeling re-victimized by those they believed were there to protect them.
Other Important Considerations
Bigger Firm Isn’t Always Better
While larger firms may seem more powerful, they aren’t necessarily the best fit for every case. Depending on the complexity and nature of your discrimination case, a smaller, more specialized firm might be a better option as bigger firms can sometimes treat smaller cases as less of a priority. It may also be more difficult to convince a larger firm to litigate your case and if they don’t move forward with you, a larger firm likely means a larger lien on your recovery that may make your case less appealing to future attorneys you try to retain.
You Have Other Options
Hiring a lawyer isn’t the only way to fight discrimination. Agencies like the EEOC or the California Civil Rights Department can provide alternative avenues for seeking justice. Personally, I wish I had gone straight to these agencies and avoided some of the frustrations and delays that come with private legal representation, but I’ll dive into these options in more detail in my next post.
Final Thoughts
Hiring a lawyer can offer legal expertise and reassurance, but it’s not without its downsides. It’s important to consider all of your options when pursuing justice before you sign anything.
And remember, even if you hire a lawyer, gathering the evidence, building the timeline and telling your story will still be primarily on you.
If you need help or don’t know where to start, Sign Up for JustiProof to begin gathering the proof you need to get the justice you deserve.
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