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4 Things I Wish I'd Known About Sexual Harassment Attorneys Before Hiring One
July 02, 2023

Navigating through the complexities of sexual harassment legalities can be a daunting task, and the decision to hire an attorney can be equally challenging. In retrospect, there are four critical factors I wish I had been aware of before engaging the services of a sexual harassment attorney.

Firstly, the attorney's experience and specialization matter immensely. Sexual harassment law is a sub-discipline under employment law, and it is more intricate than it appears on the surface. It encompasses both quid pro quo harassment, where employment decisions are based on an individual's acceptance or rejection of unwelcome conduct, as well as hostile work environment harassment, where the conduct is severe or pervasive enough to create an intimidating, hostile, or abusive workplace. Therefore, a proficient attorney is adept at dealing with both. They are not only well-versed in the law but also in its application, the art of negotiation, trial procedures, and the various nuances of fact-finding. A general practice attorney may not possess the same level of expertise.

Secondly, understanding the fee structure is crucial. The two primary payment systems in legal services are hourly and contingency. In the former, you pay the attorney an agreed-upon rate for every hour they work on your case, while in the latter, the attorney receives a percentage of the settlement or judgment, only if you win. Both structures come with their own set of trade-offs. Hourly rates can prove to be expensive, especially if the case drags on. On the other hand, with a contingency fee, the attorney may prefer a quick settlement to save time, potentially leading to a lower settlement amount. Knowing this beforehand allows you to make an informed decision about which structure suits your situation better.

Thirdly, the concept of "privileged communication" is a vital component of the attorney-client relationship. Basically, it means that everything you share with your attorney remains confidential, and they are legally obliged not to disclose it to anyone, barring a few exceptions. This privilege is critical because it enables you to share your experiences and details of your case openly and candidly with your attorney, without fear of repercussions. However, it's essential to remember that this privilege only kicks in once the attorney agrees to represent you.

Lastly, the importance of attorney-client fit cannot be overstated. This is a mix of the attorney’s communication style, personality type, and approach to the law. Given the sensitive nature of sexual harassment cases, you must feel comfortable sharing intimate details with your attorney. Moreover, the attorney should approach your case with the seriousness it deserves, communicating with you frequently and transparently. If this rapport does not exist, it can lead to a breakdown in communication, ultimately weakening your case.

The decision to hire a sexual harassment attorney is a significant one. Being aware of these factors can empower you to make a better-informed decision. It is crucial to ensure that your chosen attorney has the necessary expertise, agrees to a suitable fee structure, respects privileged communication, and is someone with whom you are comfortable.

Like a game of chess, every maneuver in a legal case has its own set of strategic implications, and a seasoned attorney knows how to navigate this complex terrain. Hence, the choice of an attorney can be a game-changer, determining whether you checkmate your opponent or find yourself cornered. In the end, an informed decision is your best move.


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