When you face workplace discrimination, getting a lawyer is often the first thing people consider — and for good reason. But before you sign anything, it's worth understanding what you're actually agreeing to.

A lawyer representing you on contingency only gets paid if you win your case (or negotiate a settlement), which means they don’t take you on as a client unless they believe your claims are valid and there’s a good chance they’ll be able to help you recover some or all of your financial damages.

Given how many victims of discrimination doubt if what they experienced is as bad as they believe it to be, this validation is often accompanied by relief that you weren’t imagining it. This is especially true if your company’s HR or leadership team has been gaslighting you in an attempt to convince you your claims aren’t valid and that you’re actually the problem.

Not all workplace grievances meet the legal threshold for discrimination or retaliation. An attorney’s expertise can help you distinguish between the issues you can fight in court and those that would serve as more of a distraction from the claims you can fight.

Law firms take on a lot of risk and expense by representing an employee on contingency, so there’s no doubt that they’re invested in you winning. This is especially true if they signed with you through litigation (and not just settlement negotiation).

Once you’re in a legal process, anything you say to anyone outside of legally protected relationships can be used against you. This means you can typically talk to your attorney, and potentially a spouse or licensed therapist, depending on your state's privilege rules. Beyond that you’ll likely be advised to not talk to anyone else, limit what you post on social media and even to be careful about looking too happy on social media if you do post (especially if you are claiming emotional damages).

Many large legal firms structure their initial contracts to focus first on securing settlements. While settlements are often quicker and less risky for the law firm, this can be a significant disadvantage if your employer has no interest in settlement negotiations. If they won’t participate and litigation is the only other option, you may find yourself suddenly abandoned by the attorney you were counting on while also needing to search for new representation. In addition to this, the law firm can still place a lien on any future recovery even if they decline to litigate. If they do, this lien may make it more difficult for you to find a lawyer willing to litigate knowing another law firm will get paid out before they do even if you win.

Many employees are surprised how difficult it is to find an attorney to represent them for workplace discrimination. One reason an employee may have difficulty finding a lawyer is a lack of evidence or a weak case overall, but even if an employee has a strong case, it can be a numbers game. A lawyer or firm may be too busy, especially if they feel your case is complex and will require additional effort and/or resources to win. For example if your case is potentially worth twice their normal case, but is 3x as complex, it may not make financial sense for the lawyer to take you on as a client.

This rejection often feels personal and can make a victim of discrimination question if they should bother fighting at all, but we’d encourage you to try at least 10, maybe even 20 firms before you give up. We have heard from multiple people who called dozens of lawyers before finding one willing to represent them, so don’t lose hope if the first or second rejects you.

Despite their role in helping victims, employment lawyers are also running a business. They can be a significant support when fighting, but you may not always feel like your lawyer is fully in your corner and that’s because they’re not — they’re only in your corner if they believe they can win enough to make it worth it for them to continue helping you. The legal world is often clinical and impersonal. This can leave you feeling like just another case rather than someone who matters and deserves justice.

While larger firms may seem more powerful, they aren’t necessarily the best fit for every case. It’s important to keep in mind that large firms can sign many, many more clients for settlement negotiations than they could possibly support for litigation. As a result, they may be willing to represent you during the earlier, less costly portion of your legal fight and still decline to represent you for litigation.

If you consider the fact that these firms stand to make significantly more on a single class-action case and that they have the resources to fight and win those large cases, it makes sense. Though that won’t make it any less bitter of a pill for you when you learn they won’t litigate your case and you’ll need to find a new lawyer. On the other side of this, a small firm with 1–5 attorneys is likely to only invest resources and time on cases that they’re willing to pursue to completion. Of course, they will take a settlement prior to a trial if it’s an option, but if a settlement doesn’t happen they’re less likely to walk away completely unless there’s an attorney / client conflict.

Whether you have a lawyer or not, no one is going to build your case for you. An attorney can advise you on what’s legally relevant, help you understand the strength of what you have, and advocate for you in negotiations or hearings, but the evidence itself has to come from you.

This means documenting everything, and starting as early as possible. Save emails. Screenshot messages before you lose access to them. Write down what was said in meetings and conversations while the details are fresh, including who was present and when it happened. Keep copies of performance reviews, offer letters, and any communications about your role or compensation. If you’re still employed, do this now — not after you’ve been let go and your access has been cut off.

Hiring a lawyer isn’t the only way to fight discrimination. Agencies like the EEOC or state-based civil rights agencies can provide alternative avenues for seeking justice without a lawyer. However, even when filing with government agencies, most employees will find themselves in a much better position to be heard with legal representation.

Hiring a lawyer can offer legal expertise and reassurance, but it’s not without its downsides. You have options and we’d encourage you to discuss your case with multiple law firms rather than jumping at the first one willing to take your case.