Many lawyers may be willing  to accept age discrimination claims on an hourly basis.  Fees can be substantial, and with charges of 25-400 per hours, investigation, discovery and court appearances, fees can easy exceed 40-50,000 or even $100,000. However, the discharged employee facing financial problems is frequently least able to pay substantial legal fees.  In a contingent arrangement, the lawyer is only paid upon success or settlement.   Here are some guides to improving your chances of having a lawyer take your case on a contingency basis. 

1. Simple explanation of case

A simple case is easier to litigate and explain to a jury or judge. Be prepared to provide a clear  and concise explanation of your claim, with further detail only if requested.

2. Evidence of the claim 

Provide the lawyer with evidence of discrimination.  That may include documents prepared by the employer, witness observations, and other evidence.  A claim based upon the plaintiff’s own testimony is more difficult to provide given his incentive to portray events in a manner that favors his claim.   For the lawyer, hourly representation not only insures payment regardless of the result, but gives the client the incentive to candidly described his claim.  Be prepared to explain how your claim is independently verified.

3. Explain facts but not law

Knowledge of the law is the attorney’s job.  The client’s task is to explain and provide the factual support for the claim.  

4. Show damages

Explain how you have suffered financial loss, such as lost wages.    

5. Don’t expect a cheerleader and expect tough questions about your case and potential defenses

The hourly lawyer is paid regardless of result and has the luxury of accepting his client’s version of events.  Since the contingent lawyer is paid only upon success, he needs to conduct a searching inquiry, and even question his own client’s version of events to assure  that it will survive scrutiny.

6. Be cooperative 

A lawyer will want a client who will assist with the claim but does not have unrealistic expectations.  

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We offer a free initial telephone consultation to discuss your claim. Please feel free to call or e-mail our office.

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Keywords: age discrimination, contingency lawyer