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FAQ

1. What types of cases do you take?

The firm takes cases of wrongful employment termination because of gender identity. That means you have been fired based on your gender identity, including gender expression or similar characteristics. We represent clients of all sexual orientations and gender identities.

No other types of cases are being accepted by this firm. This is because there are many law firms with expertise in other types of cases. A case involving gender identity as a reason for discrimination is different from other cases. Except in the most obvious of cases, the subtle forms of discrimination cannot be understood and communicated to judges and juries without an understanding of the social, medical and psychological background of gender identity. These include, for example, misgendering, health care discrimination, denial of accommodations, and the psychological sensitivities raised by gender identity.

2. What is involved in bringing a lawsuit?

Bringing a lawsuit is a very serious project that will test your emotional resilience over time. It will be publicly filed on the court docket, and accessible on Google. Such lawsuits often take a year or more, and several years is not an unusual time frame. Employers often feel they have done nothing wrong because they have not educated themselves about gender identity discrimination. They have lawyers trying to take advantage of the many loopholes in this area of law. Statistics suggest that only about 5% - 15% of employment discrimination plaintiffs prove their cases. Retention of a lawyer experienced in this area is crucial.

You will be required to detail the discriminatory treatment many times to lawyers, judges and juries. This can compound the trauma of discrimination. Unlike personal injury lawsuits, which often involve permanent bodily injury, these are rarely million dollar cases. The damages largely consist of two elements: (1) lost wages, likely for up to a few years’ worth, if reasonable efforts do not yield similar employment, and (2) compensation for emotional distress, which in many cases do not reach six figures without testimony from expensive expert witnesses.

We suggest that you speak with your personal supports to consider whether you are up to the rigorous process of litigation.

3. How do I pay legal fees and expenses?

Our fees are generally on a contingency basis, meaning that the firm collects one-third of amounts recovered before expenses. The firm pays expenses up front, and recoups those when and if there is a monetary recovery. These include deposition transcripts and expert fees, among others, and are generally in the range of $5,000-$10,000. We only accept cases on a contingency basis if there is a reasonable basis to believe that sufficient amounts will be recovered to compensate us for the hundreds of hours usually required for such cases. On some occasions, we will accept a case paid on an hourly basis, with an upfront retainer payment, and billed monthly.

4. How do I retain the firm?

The first step in obtaining representation with this office is to schedule a brief discussion about your case with an attorney from this firm. If both parties are interested in working together, a 90 minute intake interview is scheduled. A written retainer agreement is sent to you for consideration. Until that agreement is signed, this office does not represent you.