Labor Lawyer: Labor law is a rapidly evolving and highly contested area of law, so much so that the U.S. Supreme Court routinely issues groundbreaking rulings related to this field.
Because the workplace is an environment where disputes often occur and questions about fairness loom large, labor and employment lawsuits are extremely common.
Labor Lawyer
The result of a single case can have enormous implications not only for those involved, whose livelihoods may be at stake but also for society at large since court rulings can establish legal precedents that govern how employers and employees interact.
What Is a Labor Lawyer?
Labor lawyers practice employment law, and they can represent either employers or employees. They work with clients in industries that have labor unions, such as education or law enforcement. These lawyers are experts on union rules and regulations and how they apply to employers and union members.
Labor lawyers frequently handle cases that deal with union creation, collective bargaining, and negotiations between unions and management. To resolve disputes, these attorneys may opt to file lawsuits or request out-of-court settlements. In other cases, they may sue the opposing party in court.
How To Become a Labor Lawyer
While everyone’s legal journey will look different depending on their specific experiences, there are a few foundational moves you can make to become a labor lawyer. Here’s how you can become an employment lawyer in eight steps:
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Earn Your Undergraduate Degree
The first step to becoming a labor lawyer is earning an undergraduate degree in the discipline of your choosing. You must have a bachelor’s degree as a basic requirement when applying to law school. While there is no required major or path for undergraduates with law school aspirations, it might be beneficial to choose a major that helps you build your knowledge in the legal field.
Even further, while enrolled as an undergraduate, you should seek extracurricular opportunities like internships or fellowships that can give you legal experience. You can find such opportunities at law firms, legal clinics, and government offices. This type of experience can give you an advantage when applying to law school in your final year of college.
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Take the LSAT
In your final year of college, you will need to apply to law school. The first step in applying is taking the Law School Admission Test (LSAT), which is offered four times per year. February, June, September, and December. It is important to study diligently in preparation for taking the LSAT. Your score on the test will serve as a key indicator of your competency when admissions committees review your application materials.
Many schools are explicit about the minimum score they will accept from candidates. Therefore, before taking the test, you’ll want to set score-related goals to ensure you have a chance of attending your school of choice.
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Apply to Law School
After you take the LSAT and achieve your score goal, you should gather your application materials and register with the Credential Assembly Service (CAS). Nearly all law schools use CAS for their application procedures. To complete your applications, you may need to compile the following materials:
. Letters of recommendation
. Personal statement
. Addendum
. Transcript
. LSAT scores
. Resume or curriculum vitae (CV)
. English proficiency exam for international candidates
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Graduate From Law School
After completing three years of studying, internships, and networking, you’ll be eligible to graduate from law school. Many law students try to secure work opportunities before graduation so that they have an immediate job lined up. While this is a high priority for many law students, many work opportunities you can secure before graduating from law school will be contingent on your passing the bar exam, which will qualify you to practice in your state.
Therefore, it’s also important to focus on studying meticulously for the bar exam as you approach graduation and thereafter.
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Pass The Bar Exam
As stated above, passing the bar exam is a vital step to becoming an employment lawyer. The two to three-day exam will test your qualifications for practicing law in your state, regardless of your specialty. Similarly, to the LSAT, you may consider taking test preparation courses or forming a study group to practice for the bar exam.
Many candidates study full-time between graduation and the date of their test. It’s important to note that many who take the bar exam don’t pass on their first attempt. Therefore, you may retake the exam in hopes of becoming a certified lawyer.
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Gain Work Experience
Most lawyers begin their careers as associates where they work alongside experienced lawyers. After a few years of experience, they may have an opportunity to become a partner in their law firm.
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Join A Specialized Network
Many labor lawyers become members of the National Employment Lawyers Association or the American Bar Association’s Section of Labor and Employment Law.
What Does a Labor Lawyer Do?
Employment lawyers, like many lawyers, counsel their clients on a variety of issues. They help employers and employees resolve methods like collective bargaining. Depending on their client’s needs, labor lawyers may represent their clients during disputes on any of the following matters.
. Negotiation
. Wage and compensation standards
. Workers’ compensation
. Employee benefits
. Discrimination
. Harassment
. Overtime standards
. Workplace safety
. Privacy Rights
. Contract matters
. Application procedures
. Disciplinary procedures
. Hiring procedures
. Employment Termination
How Do You Find a Good Labor Lawyer?
To find a good labor lawyer who can support your case, follow these steps:
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Search A Directory of Lawyers and Narrow Your Focus by Your State
Even if you don’t think you’ll need to meet your lawyer in person, it’s important to find a legal expert who is licensed to practice in your state. If you want to find a lawyer who works in your area, narrow your search by city.
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Read Each Candidate’s Profile Carefully to Assess Whether They’re a Good Match for Your Situation.
For example, if you’re a union employee who was recently fired, you may want to look for a labor lawyer who has several years of experience representing employees and who has a strong track record of resolving wrongful termination cases.
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Make A List of The Top Two or Three Candidates Who Seem Like the Best Fit
Since different lawyers may take different approaches to legal issues, it’s in your best interest to consider at least two perspectives and potential outcomes.
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Request A Consultation with Your Top Candidates
Most labor lawyers offer free consultations, which allow you to explain the basics of your case and receive a professional opinion. During your free case evaluation, ask how strong your case seems to be and what range of outcomes you might be able to expect. Then compare the answers you receive and consider the lawyer with the most appealing response.
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Clarify The Lawyer’s Rate
Before committing to working with a law firm, make sure you understand what the rate is and how the firm charges. An hourly rate may be reasonable for smaller cases or retainer agreements. However, a flat rate or contingency fee may be more affordable for a complex or lengthy case.
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Confirm The Case’s Timeline
Perhaps your case is approaching its statute of limitations, or you’re concerned about an employee’s threat. If your situation is relatively urgent, it’s important to confirm that the law firm can take your case immediately. Even if your case isn’t an emergency, it’s essential to know when legal proceedings can move forward and when you might be able to expect a resolution.
FAQs
What Skills Do Employment Lawyers Need?
. Analytical skills
. Research skills
. Creativity
. Judgement
. Persistence
. Flexibility
. Personal responsibility
. Time management
. Business skills
How Do I Know If I Need a Labor Lawyer?
As an employer, you may want to consult with a labor lawyer if:
. You’re threatened with a lawsuit, usually based on mistreatment, unlawful overtime, discrimination, hazardous work conditions, or wrongful termination.
. You want to fire an unsatisfactory union worker.
. There is talk of a strike.
As an employee, you may want to meet with a labor lawyer if:
. You wish to file a lawsuit against your employer for any sort of mistreatment.
. You’ve been terminated without due cause.
. You’d like to negotiate terms during a strike.
