If you are consulting with lawyer who appears to be asking you difficult questions, suggesting that he doesn’t automatically take your side in a dispute that you presented to him, it’s a good thing and you are getting the right type of consultation. If that lawyer challenges you on your claims instead of immediately believing every word you say – these are the signs that you are dealing with a good attorney.
Consider the following example of a consultation about a potential case, namely a retail clerk who was terminated three days after she informed her manager that she is pregnant, on the basis of a customer complaint that the same employee was rude to them. Some of the questions that an experienced employment attorney will be asking are:
- What exactly and specifically did you tell your manager to inform him of your pregnancy?
- Did you notify your employer of your pregnancy in writing? What did you write specifically? Who did you submit that writing to?
- If your notification of your pregnancy was only verbal, were there any witnesses to that conversation?
- Did a customer really make a complaint about you or is the entire story fabricated by the employer?
- If a customer did complain, how are you going to prove that the true reason or at least one of the reasons for termination is pregnancy and not that complaint?
- Did the employer say anything at all to the effect of not being happy about your pregnancy? If they said the opposite – i.e. if they congratulated you on your pregnancy and even suggested to plan an office baby shower, what makes you believe that they were looking to get rid of you because of your upcoming childbirth?
These types of questions indicate that the lawyer you are dealing with is knowledgeable and he does thorough investigation of your potential case before moving forward, so as to avoid pursuing a weak case that will result in both – wasting his time and yours. Don’t be discouraged if it appears to you that the attorney you are talking to about your case is constantly playing devil’s advocate. This most likely suggests that he means business, and he wants to see that you can prove your case to him before both of you have to prove it in court.