“A lawyer’s time and advice are his stock in trade.” -Abraham Lincoln
Depending upon the demands for our time, and so long as there is no conflict, we will consult with you for 10 minutes or less. This consultation is like hospital triage. Aside from checking for conflict and making sure that it is the type of case that we might handle, we will ask questions and attempt to quickly assess the situation and whether we think we can help you. Similarly, you will receive some direction and information from us. This time is not available for individuals who may be calling for career advice. Unlike many law firms, this consultation is with a licensed lawyer and NOT an intake coordinator who may not have a legal degree. This consultation does not create an attorney/client relationship, but the information shared will remain confidential. We want to respect your time and we hope you will respect our time as well.
If at the potential client’s option more time is needed, a $300 flat fee is charged for consultations that last over 10 minutes. We reserve the right to waive this policy where appropriate. This extended consultation may be scheduled for a more appropriate time in our schedule, and we will ask you to pay the consultation fee in advance. You will receive up to an hour of consultation time. Click here for more information and FAQs regarding our consultation policy.
We receive a lot of inquiries, and all consultations are limited to prospective clients. In other words, we do not provide free legal advice or legal analysis to non-clients, particularly if they are not interested in ultimately hiring us to perform work. We cannot answer calls from callers who just have a “quick question” or “need a quick answer.” Those calls are typically neither quick nor result in the Firm being engaged.
We charge a nominal consultation to employees who have non-wage related issues and questions, for two principal reasons.
First, we are a professional services firm and as such, our time is extremely valuable to us. There are many more employees who are terminated, disciplined, or believe that they “have a case” than we can possibly provide free consultations. Generally, in the jurisdictions where we practice (Maryland/DC/Virginia), the rule is “at-will” employment – meaning an employer can terminate an employee at any time, for any reason, even a demonstrably unfair or unwise reason, so long as it is not illegal (offends the public policy of the applicable jurisdiction). This means employees must be able to point to facts that will make it plausible that their employment rights, as limited as they may be, have been offended. We simply cannot a “free consult” with every employer or employee who requires advice. Discipline, severance, and disability issues are often fact intensive and we cannot provide an expert analysis without charging some reasonable fee for our time.
Second, we charge a consultation fee because it insures that the caller is serious about retaining an employment attorney. We can always waive the consult fee, in our discretion, but many questions concerning employment law generally can first learned by reviewing the United States Equal Employment Opportunity Commission’s website. We are not a legal clinic and we cannot spend excessive time providing free consultations to the public about their rights. By charging a consultation fee, we intentionally limit our time spent to those who are serious about seeking legal representation.
Notably, even though we charge some employees for an extended consultation, that does not guarantee an employee with representation. We only seek to represent reasonable employees, in situations where we have a reasonable likelihood of assisting you. You may be reasonable but your goals may not be achievable. We reserve the right to decline representation for any reason. Relatedly, just because we charge a consultation fee does not mean that we will charge an employee an hourly fee for their representation.
With respect to legal representation, the terms of our representation are extended on a case by case basis, taking into account the needs of the case, the potential outcome, and the desirability (or lack thereof) of the case. We reserve the right to decline representation, even if a client otherwise would agree to pay our hourly rate. This may occur if the client’s aims are not reasonable or the Firm is fully committed at the moment. Our letter of representation will identify the pertinent terms of representation.
You get what you pay for. Consultations with an attorney are no different. Free consultations, particularly those provided by non-lawyers, provide very little useful information. On the other hand, payment for an extended consultation will provide you with important perspectives and legal information.