1.       Not telling their lawyer everything

I cannot tell you how many times I have asked a client the same question again and again and get one answer, and when they sit down for deposition or to testify at trial, they say something different. 

Your lawyer, more than your spouse, your mother, even your priest or rabbi needs to know all of the facts, good and bad, to represent you. 

There is rarely a situation where one or more bad facts can sink a case, IF YOUR LAWYER knows about the facts early in the case and can work to fix or overcome those facts. 

If the first time the lawyer learns about these facts is during sworn testimony, even the most skilled of us, are really fighting an uphill battle to overcome these facts on the fly, without adequate time to prepare. 

As Tom Cruise says in the famous Jerry McGuire movie to his star client, Rod Tidwell, “help me help you.”  Lawyers hate surprises.

2.       Not Being Smart with their Social Media

  Every employment lawyer has a horror story of representing a sexual harassment client who portrays herself as the innocent victim. 

Yet, her pictures and comments on Facebook and other social media accounts show her half naked and drinking at a strip club with three different men. 

Good luck to even the best of us again, in explaining this away to a jury or a judge, that our client was offended by a pornographic image in the workplace. 

We live in a time where everything you say, do, and post on the internet is there permanently.  Yes, I said permanently. 

And, defense lawyers love to dig into your personal life to find out the silly things you have put out there for the world to see. 

Once your case begins, the defense lawyer will ask for all of your social media accounts and passwords (and often times get them per court order), and they have a field day with what the clients posted before and during the litigation.    

As a rule of life, forget about litigation for a moment, think about what you post before, not after.

3.       Overstating the facts and the evidence

  Here is a secret most lawyers will not ever tell you, and I’m giving it away for free-  There is no such thing as a perfect case. 

Every case, no matter how strong, has certain warts on it.  And, that’s ok. 

But, oftentimes, clients feel the need to overstate the facts in their favor, and understate the facts against them.  By doing this, you may be preventing your lawyers from learning where the case needs work, and what other information may need to be gathered. 

Your job isn’t to sell your case to me.  Your job is to tell me what the case is about, whether for good or for bad.  

Listen to the questions your lawyer is asking and answer those questions as honestly and as forthcoming as possible. 

The earliest evaluation of a case is one of the most critical times for the lawyer to develop his or her theory and impressions. 

Don’t cloud that process with fluff and promises that ultimately won’t stand up in court.  As quoted in the movie Dragnet, “just the facts ma’ am.”

4.       Talking to their former employees about the case

  When we leave a workplace, we leave behind memories of friendships and good times with people that we spent more time with than our families in the workplace. 

But make no mistake, when you leave your job and are suing the company, your former work friends are most likely not your friends anymore when it comes to choosing sides and loyalty. 

Remember, you are not paying their bills or insurance.  Your former employer is. 

And, if you think these former work buddies are going to voluntarily testify to support you while still employed by the company, you are most likely wrong.  They don’t want to get fired themselves, especially not for you (although if they do get fired, it is illegal). 

With this in mind, remember that anything you tell a current employee about the lawsuit is most likely going back to a supervisor, other co-worker, or the boss of the company. 

Discussing things like your case strategy, how much money you think you are going to get, or what types of documents of information you are going after with current employees will undoubtedly hurt your lawsuit. 

I know its tough to walk away from friendships you maintained at work for years.  I’m not telling you to do that. 

I’m just telling you not to discuss your case with anyone except your lawyer and your immediate family if you need to.  Lose lips sink ships.

5.       Relying on the Lawsuit as Their Income for the Future

  If your case is strong, you will most likely recover the appropriate value of damages if you hired the right lawyer. 

But, strange things happen when a jury or judge goes back to decide your fate regarding your lawsuit.  Absolute wins can turn into absolute shocking losses, and vice versa. 

You know very little in life is guaranteed, other than paying taxes, etc. 

Too many clients put all of their eggs in the proverbial “lawsuit basket,” instead of looking for another job after being fired, and securing their future on their own, rather than waiting for a jury to do it, maybe 2 or 3 years down the road. 

Consider your lawsuit a lottery ticket with better odds of winning. 

But, you don’t stop working or trying to better your life once you buy a lottery ticket, so don’t stop trying once you commence a lawsuit. 

And by the way, not looking for similiar work after yoy have been fired severely limits your damage recovery in the case.