That "Million Dollar Suit" That Nobody Will Take
Q. I work for the post office and I have a case of discrimination that in the private sector would be worth millions. Why can't I find any lawyer that would take this case without a very large retainer? This case, in my opinion, would be very easy to win.
A. Um....dude, you've got to give me a little more than that. I can come up with answers on just about any topic, but you've got to give me something to work with. Discrimination in the post office -- that's just not enough. Did they discriminate against you because you're black? White? Old? Young? A Woman? A Muslim? A member of the NRA? These little details matter.
And you say the lawyers won't take it without a retainer? So I'm guessing they will take it if you pay them a retainer. Let's think about that for a moment; you're wondering why an attorney, who's got nothing to sell but his time and advice, wants some money from you before he or she takes the case? (If you don't get it yet, read that last sentence again until you do. Seriously.)
In some cases, attorneys do take cases on a contingency basis. Those are usually personal injury cases, with documented, objective injuries that usually lead to guaranteed paydays. Discrimination cases are a different animal, no matter what kind of discrimination is alleged. You never know what can happen because juries are notoriously unpredictable; no one can truly predict what they are going to do. You can make an educated guess, but you can never know. That's why an attorney will ask for a retainer -- no one wants to spend a lot of time, effort, and money on a case that may or may not be a winner.
You may believe your case is a winner -- but an experienced attorney may have a better feel for how the case will play before a jury (or if it will play at all.) Without knowing anything more about your case than what you've told me, I'd trust the opinions of the attorneys you've already consulted: you may have a case, but it'll cost you a retainer to prosecute it.
Good luck.
David Kendall
A. Um....dude, you've got to give me a little more than that. I can come up with answers on just about any topic, but you've got to give me something to work with. Discrimination in the post office -- that's just not enough. Did they discriminate against you because you're black? White? Old? Young? A Woman? A Muslim? A member of the NRA? These little details matter.
And you say the lawyers won't take it without a retainer? So I'm guessing they will take it if you pay them a retainer. Let's think about that for a moment; you're wondering why an attorney, who's got nothing to sell but his time and advice, wants some money from you before he or she takes the case? (If you don't get it yet, read that last sentence again until you do. Seriously.)
In some cases, attorneys do take cases on a contingency basis. Those are usually personal injury cases, with documented, objective injuries that usually lead to guaranteed paydays. Discrimination cases are a different animal, no matter what kind of discrimination is alleged. You never know what can happen because juries are notoriously unpredictable; no one can truly predict what they are going to do. You can make an educated guess, but you can never know. That's why an attorney will ask for a retainer -- no one wants to spend a lot of time, effort, and money on a case that may or may not be a winner.
You may believe your case is a winner -- but an experienced attorney may have a better feel for how the case will play before a jury (or if it will play at all.) Without knowing anything more about your case than what you've told me, I'd trust the opinions of the attorneys you've already consulted: you may have a case, but it'll cost you a retainer to prosecute it.
Good luck.
David Kendall
posted by David Kendall at
9:55 PM
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