employment lawyers won’t talk to me until I’ve already been fired — how do I find a legal consult now?

A reader writes:

I’m a long-time reader. I often see you advise writers to get advice from an attorney. You even once covered how to tell your current employer you are bringing in an attorney.

I’m seeking advice on an ADA matter, but I’ve run into a weird issue. It seems these days, most firms have a policy where they simply won’t talk to you about your current employer. I’ve actually been told by multiple firms to “call back when I get fired.” If there is a possibility I’m in the wrong, I’d very much rather know now, before it gets that far.

I suspect this is a result of firms using a contingency model where they only get paid if you win a lawsuit or settlement. That’s great if you already have a case to file (such as being wrongfully fired) but not great if you are still trying to avoid one and just need some advice.

I tried to find a firm that might let me pay a fee for an hour but have not been able to find any. Is there anything else I can do, or am I out of luck? Do employment lawyers just not do advice anymore?

I asked employment lawyer Jon Hyman of Wickens Herzer Panza, who writes the incredibly useful Ohio Employer Law Blog and is the author of The Employer Bill of Rights: A Manager’s Guide to Workplace Law, to weigh in on this. Here’s his very helpful answer:

Much of the plaintiff-side employment bar has moved to a contingency model. No termination, no clear damages, no case — at least not one they can monetize. So they screen aggressively. Pre-termination counseling? That’s harder to value, harder to win, and harder to scale.

But that doesn’t mean advice has disappeared. It just means your reader is looking in the wrong places.

First, not every employment lawyer works on contingency. Many — especially management-side lawyers — bill hourly and regularly advise on ADA compliance, accommodations, and interactive process issues. Yes, they typically represent employers. But plenty will consult with individuals on a paid basis. Your reader isn’t asking them to sue anyone, but for guidance.

Second, look beyond “employment litigation” firms. Search for “employment counseling,” “HR compliance,” or even “labor and employment boutique.” Those practices are built around advice, not lawsuits.

Third, consider bar association referral services. They often steer you to lawyers willing to do short, paid consults.

Lawyers still give advice. You just have to find the ones who get paid to prevent problems instead of profit from them.

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