Various Kinds of Employment Issues

Here we will explain, from our perspective, what issues to consider when choosing and hiring an attorney. The hiring of a lawyer has historically been decided based on the recommendations of friends or acquaintances. However, nowadays, more and more people are hiring a legal representative through the Internet.

Due to the high power and responsibility that a lawyer has over the cases that are entrusted to him, we recommend that no matter how you have known your lawyer or how well supported he is, keep the following tips in mind. The San Diego Employment Lawyer is the best choice in such cases.

An honest lawyer will always tell you the truth

The lawyer should not hide information. Always demand a copy of everything you sign to keep in your records (powers, fee agreements, quota litigation agreements, etc.).

Do not forget that the lawyer will be your representative. In other words, you as a Client will always decide how to act, and you will have the last word in all matters (for example: accepting or rejecting a financial agreement).

There is no guarantee of success in a trial

The lawyer is prohibited from insuring the outcome of a lawsuit. Although there are trials with greater or lesser chances of success, it is illegal and ethically questionable for an attorney to assure his clients of the outcome of a claim or judicial process.

In addition to being unethical and unlawful ensuring the result of a trial, do not forget that the person who will resolve your legal claim is an impartial third party (the judge) and that he will base his sentence on the facts that have been proven within the framework of the judicial file.

  • The lawyer has with his clients a “means obligation” by which he must give his best effort and take all necessary measures to bring his claim following the laws, but cannot guarantee a concrete result.
  • To make a difference, a plastic surgeon has a “result” obligation, whereby he must use his skills to achieve the promised result.
  • As can be seen, the plastic surgeon is obliged to perform a specific outcome (that cosmetic surgery is as desired by the patient). At the same time, the lawyer can only be forced to carry out his claim and in the best way (obligation of means ) but you should not promise to win the trial.
  • For this reason, no lawyer can assure the result of a trial since nobody can know what the judge will decide when solving his claim.

Fee information must be clear

The modality of the lawyer’s fees must be informed from the beginning of the relationship to avoid misunderstandings and unpleasant surprises for the client.

What happens if you did not sign a fee agreement?

If you have not signed a fee agreement with your Employment Lawyer, the fees provided by current laws will apply.

For more information in this regard, you will find detailed information in the following articles:

Learn step by step all the stages of your labour claim

  • The benefit of free labour law
  • How we work – 100% transparency

We suggest that you ask your lawyer for all the information about what his advice, consultations, and even what happens in case of success or defeat of the trial.

Ask your lawyer to explain the operation of the process, and if there are possibilities that you will face any expense during the judicial or extrajudicial claim, as well as what happens in case of legal defeat.

Labour method of labour lawyers

In general, labour lawyers work with a scheme for which they only receive fees in case of success of the labour claim and is made up of a percentage of the sums of money obtained by the worker.

Although the current law prohibits free consultations, it is widespread that the labour lawyer does not receive a fee when the worker consults.

If your lawyer refuses or hinders any of the points raised in this article, we recommend that you reconsider your hiring and look for other options.

You have the right to be adequately informed about the issues discussed before deciding to hire your lawyer.

How and where to complain about a lawyer’s misconduct

If you have already hired a lawyer and consider that he deserves a warning, you can report the fact to the Bar Association where the professional is registered.

We suggest that you always do an Internet search to find out possible bad experiences of other clients regarding the lawyer and that you also consult the background of the lawyer who will hire before the Federal Capital Bar Association that this entity has a record of sanctions or complaints against lawyers.

Final tip

Trust in your lawyer is essential. If you do not receive the information that you request or feel that something is being hidden from you, it is best to hire another legal professional.

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