When people are faced with wrongdoing in their lives, there are many questions that cross their minds.  Was this actually illegal?  Do I have any rights?  In order to get answers to these questions, you must first visit an attorney to explore your options.  As if facing a possible legal matter isn’t enough of a burden in itself, there is the added pressure of preparing for your consultation with an attorney.  Here are some good rules of thumb to follow in your preparation to meet with legal counsel.
Timeline.  Most legal actions are affected by the date they occurred.  Critical dates trigger statute of limitation laws, filing dates and many other constrictions that could have an effect on the outcome of your claim.  It’s helpful to piece together a timeline of relevant events concerning your legal matter before going to meet an attorney.  This allows them to quickly and accurately assess any timing issues that will need to be addressed at the onset of your case.
Documentation.  Often times the strength of a case depends on the evidence available to support the claim.  That is why it is important that all documentation involved in your potential cause of action is ready and available.  While not all disputes have documentation, there are some instances when it is important.  A good example is a contract dispute.  If a claim is based on one written contract, it is a safe bet the attorney will want to have that document available for viewing.
Concrete information.  If your legal claim centers around some key individuals who would serve as witnesses, make sure to have their contact information available.  Sometimes attorneys like to research a case before agreeing to take it on and contacting potential witnesses is a good way to evaluate the strength of a case.  That’s why it’s important to have all supporting information available for the attorney.  
Have questions prepared.  While it is likely that the attorney will be asking you a lot of questions, it is also your opportunity to ask questions as well. Before you go to your appointment, sit down ahead of time and think about what types of things you would like to learn from the consultation.  Every situation is has unique aspects, so it is important that you feel that the attorney has properly served you during that first appointment.  
You must keep in mind that every attorney is different, but by following these few simple suggestions, it should make your legal consultation run a lot smoother and hopefully maximize your consultation.  
Nicole A. Silveira, Esq. is with Kodam & Associates, 41880 Kalmia Street, Suite 130, Murrieta.  Phone (951) 445-4905 ext. 29 Fax: (951) 445-4906  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

An employer who has to terminate an employee or make a reduction of their workforce must make these decisions with a plan of action and take measured steps to assure their business is protected from wrongful termination liability.  When presented with these situations it is astonishing how many employers are ill prepared. All too often employers provide terminated employees with severance pay, bonuses or other valuable financial incentives but do not require the employee to review and sign a termination and release agreement or a severance agreement.
On the other hand, many prudent employers that do present terminated employees with termination and release agreements or severance agreements are dismayed to learn the agreements they drafted and executed are neither valid nor legally enforceable, leaving the former employee free to pursue a discrimination or other claim, and the employer open to potential costly liability.
When making these decisions it is important for the employer to ask themselves some important questions.  Is the employee in a protected category (more significant, is he/she likely to be replaced by someone not in the same protected category)? Has the employee recently engaged in protected activity such as taking leave under the Family and Medical Leave Act or filing a workers’ compensation claim? Is there an employment contract?
A well drafted termination and release agreement or severance agreement is the best and most cost-effective way for an employer to have an employee release the employer of potential claims and avoid expensive litigation.  This makes it even more important to make sure the agreement you draft will stand up to judicial scrutiny.  
Incentive to the Employee
First and foremost, for a terminated employee’s release of legal claims to be enforceable, the employer must provide the employee with a monetary incentive or other item of value which the employee otherwise is not entitled. While severance pay is the most common form of consideration provided by the employer, it must be noted severance provided by the employer in exchange for a release must be in addition to what the employee otherwise is entitled to receive upon termination from employment.
Incentive for the Employer
More important, the employer wants language in the agreement to insure the employee is releasing any and all potential liability to the employer for claims related to their employment. Then in the event a former employee who is determined to sue, the employer has added protection with the signed agreement.  
Trouble Spots for the Employer
Securing an employee’s waiver to any and all claims for liability is where many employers can get into trouble.  Waiving specific employee claims requires special attention to drafting the agreement as some claims can not be waived.
For example, termination and release agreements or severance agreements releasing claims under the Age Discrimination in Employment Act (ADEA) may be deemed invalid if they do not comply with special protective requirements.  An individual may not waive his/her right to bring a claim under the ADEA “unless the waiver is knowing and voluntary.”  Thus, when obtaining a release from any employee over the age of 40, among other things the following special requirements must be met:
• Written in a manner calculated to be understood by the individual executing the agreement;
• Specifically refer to the rights of the ADEA;
• Specifically state the individual is not waiving rights or claims that may arise after the date the waiver is executed;
• Specifically state the individual waives rights or claims only in exchange for consideration  (as described above);
• Advise the individual in writing to consult with an attorney before executing the agreement; and
• State the individual is given a period of at least 21 days within which to consider the agreement
Please look for Part 2 of this article in the April issue.
Alan Graves is an Associate at Neil Dymott. His areas of practice include business litigation and labor and employment law. For further information, Mr. Graves can be reached at (951) 303-3930 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .