I charge for my consultations.
This surprises many potential clients who have been inundated with personal injury lawyers and their commercials touting “free consultations.” So when I quote a $400 consultation fee for an hour, some callers simply hang up. I’m fine with that. The best way to screen out people who want something valuable for free is to insist on the thing’s value by charging for it. My legal advice is valuable, and it’s one of the primary services I can offer. It is not for free.
Probably half of my scheduled consultations are to review contracts, mostly severance agreements for recently terminated employees and non-compete/non-solicit agreements for employees at all stages of employment. [Read more: The Contents of Severance Agreements for SC Employees] I get less objections to paying for these consults, since the employee needs a lawyer to review it and do a few things: (1) make sure the employee understands everything that’s in it; (2) point out helpful provisions that could be added to better benefit or protect the employee; and (3) figure out ways to negotiate a better deal, either monetary or non-monetary.
Some of these consults turn into longer term cases. Severance agreements can sometimes be negotiated, especially if I can uncover or develop potential legal claims that the employee might have, which in turns provides leverage to push for more money in severance—or, if the case is good enough, to reject the severance all together and move forward with the legal claim. [Read more: Negotiating Severance Agreements for South Carolina Employees] All that depends on the facts of the client’s case, and there are plenty of consults where I determine that there are no legal claims at all, or that any potential claims that do exist are still too weak to do anything with.
As to other legal claims, such as for discrimination, harassment, or retaliation, I have my intake specialist gather sufficient information on the front end for me to determine whether there’s enough facts that might justify a deeper conversation in a formal consultation. I don’t offer consults to potential clients that I know do not have a case, because I don’t want to waste anyone’s time or money. Sometimes, even on cases I think might have something, an hour of conversation reveals that the claim is weak or there is a fundamental flaw that renders the case not viable.
I think even in those situations, most employees recognize the value in my opinion, even where my answer, “You don’t have a case.” They wanted to make sure they weren’t overlooking something or leaving money on the table. Having that certainly, even certainty that goes against what they were hoping for in terms of a case, is worthwhile to them.
Others, of course, are simply mad that I don’t agree with their own legal opinions on just how valuable their case is. But not everything bad at work creates a legal claim, and even if they don’t agree, the company is allowed to take certain actions that don’t violate the law.
Plus, having a client who recognizes the value of an attorney’s advice on the front end makes the whole rest of the case much easier to manage.
If you have any potential legal claims you wish to discuss, please reach out to our office at 864-233-4351 or via our Contact Us page to provide additional information.
