Plaintiff-side Employment Content | Practical Law

Plaintiff-side Employment Content | Practical Law

Resources to assist plaintiff-side attorneys representing employees.

Plaintiff-side Employment Content

Practical Law Legal Update 0-572-8646 (Approx. 4 pages)

Plaintiff-side Employment Content

by Practical Law Labor & Employment
Published on 01 Jul 2014USA (National/Federal)
Resources to assist plaintiff-side attorneys representing employees.
Practical Law is proud to announce that we are now developing plaintiff-side employment content. Our launch into this new area includes the following resources:
Prior to an initial consultation with a plaintiff, attorneys should consider the following:
  • The intake process.
  • Statute of limitations.
  • Conflict checks and waivers.
  • Confidentiality and the attorney-client privilege.
  • Assessing a client's credibility.
  • Information gathering and issue spotting.
  • Assessing damages.
  • Managing a client's expectations.
  • Engagement or retainer letters.
The Practice Note describes the initial consultation process from the plaintiff attorney's perspective and suggested best practices. Attorneys should be aware of and prepared for the duties and responsibilities that arise when a prospective client contacts them for legal advice. There is no bright-line test for when an attorney-client relationship is formed. Courts are likely to find that an attorney-client relationship exists when a client reasonably believes that an attorney has become her attorney and reasonably relies on the attorney's advice. The Practice Note outlines the steps to be taken before, during and after an initial consultation as well as the related ethical issues under the American Bar Association Model Rules of Professional Conduct.
The Standard Document is a model letter for a plaintiff-side attorney to send or provide to a client to terminate the attorney-client relationship and inform the client of her obligations to preserve her claims. The model letter includes integrated notes with important explanations and drafting tips. It complies with the American Bar Association Model Rules of Professional Conduct.
For related resources from the employer's perspective, see Employment Litigation: Single Plaintiff Employment Discrimination Toolkit.