THE PROCESS

At Duckworth Peters Lebowitz LLP we realize many people who come to us are not familiar with the nuances of negotiation and litigation. As a result we strive from the outset to clearly explain the process and strategies for a successful outcome.

The following is a brief overview of our internal process:

1. Intake Questionnaire
Before becoming a client, each individual seeking representation with us is asked to fill out an Intake Questionnaire. This enables us to assess the merits of the case and to determine what issues may arise during the representation. It also allows us to avoid conflicts of interest so that each client we represent is assured of our complete loyalty and single-minded advocacy on their behalf.

2. Consultation
Once the completed questionnaire is received and evaluated, an initial consultation is scheduled where the individual will meet with one of the partners from the firm. The purpose is to explore the needs of the individual, discern challenges and obstacles to resolution and develop strategies for meeting client goals. At the end of the consultation, the client will have an understanding of his or her rights under the law and will typically be asked to perform some additional investigation. The Partners will also review any documents that have been provided by the individual at this time.

3. Retainer Agreement
The firm will generate a retainer agreement if the individual and firm agree to proceed. The retainer agreement sets forth the terms of the relationship so that both the client and the firm have a similar understanding of how the representation will proceed, and the services the firm will and will not provide.

4. Negotiation
As a general practice, we seek to explore the possibility of a resolution at the earliest opportunity. This is generally before a complaint is filed in court. Accordingly, we will in most cases contact the employer through a letter seeking to explore whether the employer is willing to discuss the matter with us to explore the possibilities of an early resolution of the matter. A negotiated settlement at this stage generally represents the most cost effective and timely resolution of a case. The benefit to the client of early resolution is the avoidance of costly and protracted litigation.

5. Litigation
Should early negotiation reach an impasse, we, with the client will meet for another consultation to determine whether to proceed to litigation. Litigation is initiated by our filing of a Complaint in State or Federal Court on the client's behalf. Once the complaint is filed, the employer is required to respond to the complaint by admitting or denying the allegations of complaint. After the employer has responded to the complaint, the parties engage in the Discovery Process. This time-consuming process requires that the client be available for depositions and to give responses to written questions posed by the employer called Interrogatories. After Discovery is completed, the parties will either go to Arbitration or Trial where either an Arbitrator or a Jury will resolve the matter.

6. Other Services
We draft and review Executive Compensation and Severance Agreements and provide general consultation services in employment matters.