FINDING AND PAYING LAW FIRMS
It can be difficult to find affordable representation for most employment matters, so be ready to make a number of calls.
You might start with the bar associations:
Massachusetts Bar Association Referral Service 617-654-0400
Boston Bar Association Referral Service 617-742-0625
National Employment Lawyers Association
Fee arrangements
There are many ways that employment law firms handle fees. You have to ask.
Some firms will offer free or low-cost (usually brief) consultations. Firms will typically charge for a more in-depth evaluation.
Law firms might charge by the hour. Hourly rates for experienced employment firms in the Boston area could run $400-800, give or take. They might also require a retainer – money up front – of several thousands of dollars for some matters.
Some firms will offer flat-fee arrangements for certain limited-scope tasks.
A few firms will accept cases on a contingency basis, where they will not charge fees unless you collect. For example, they might not charge fees while the case is going, but then take 33-40% of a settlement or court award.
Or they might offer some kind of mixed-fee arrangement (for example, charge a lower hourly rate and take a smaller percentage of a settlement or award).
American Bar Association information on fee arrangements. (This is not specific to Massachusetts, but useful as a general guide.)
Firms that take contingency matters tend to be selective and will require an especially strong set of facts at the outset before they will assume the risk of not getting paid for their services. They also want to see substantial financial damages.
Tips for communicating with law firms
Instead of asking Do I have a case? or saying I know I have a good case, you might ask questions like these: What options do I have in this situation? Which facts here are going to support my claim(s)? What facts might not support my claim(s)? What are possible next steps?
You need to get a sense of the strengths AND weaknesses of possible claims.
Share your goals, but be open to a reality check. Not all injustices are viable legal claims, even if you can prove everything you are saying. And there is no such thing as a “sure thing” in the legal system.
For most claims, the burden is on the employee to prove not only what happened, but why it happened. That can be challenging, particularly in discrimination cases.
Note that if you send a mass mailing to attorneys, your message will likely end up in spam, especially if it has attachments.