Do I Need a Constitutional Lawyer?

What does a constitutional lawyer do?

A constitutional attorney focuses on the rights protected by the U.S. Constitution, like freedom of speech and religion and the right to a fair trial. These rights mainly protect you from actions by the government, not by private businesses or individuals. If a law, policy, or government action violates your rights, a constitutional attorney can help you challenge it.

Constitutional attorneys vs. civil rights attorneys

The two often overlap. Civil rights attorneys also handle cases under federal and state civil rights laws, which can apply to private employers, landlords, and businesses. For example, if a private employer discriminated against you, that's usually a civil rights matter rather than a constitutional one.

Their work covers a variety of legal matters, including:

• Civil rights violations: Helping protect basic freedoms like speech, religion, and privacy
• Government actions that exceed legal limits: Challenging government actions that go beyond what the law allows
• Voting rights: Challenging unfair restrictions on the right to vote
• First Amendment cases: Protecting freedom of speech, religion, the press, and assembly
• Discrimination: Addressing unfair treatment by the government based on race, gender, or other protected characteristics
• Due process and fair trials: Protecting the right to fair legal procedures and a fair trial
• Challenges to laws or policies: Arguing that a law or policy goes against the Constitution

How do I know if I need a constitutional attorney?

Ask yourself these questions:

• Did a government employer treat you unfairly because of your race, gender, or beliefs?
• Did a government agency refuse to give you public records you have a right to see?
• Did a law or policy stop you from practicing your religion?
• Were you harassed or treated unfairly by a government official, like a police officer?
• Did a law or rule limit your freedom of speech?
• Were you denied the right to vote, or are you facing unfair voting restrictions?

If you answered yes to any of these, a constitutional attorney may be able to help. If a private employer or business treated you unfairly, a civil rights attorney or an employment attorney may be a better fit.

How much does a constitutional lawyer cost?

What you pay can vary, but most constitutional attorneys charge in one of two ways:

1. Hourly rate: You pay for each hour the attorney works on your case.
2. Contingency fee: You don't pay upfront. If you win, the attorney takes a percentage of what you recover. If you lose, you won't owe attorney fees, but you may still owe court costs. This option is usually available only when a case could lead to a significant financial recovery.

Before hiring an attorney, ask about their fees so there are no surprises later.

What should I expect when working with a constitutional lawyer?

Your case might take different paths depending on what you want to achieve. If you're seeking compensation, your case could involve negotiations or a lawsuit. If you're trying to change a law or policy, the process may take longer and could involve appeals.

If many people were affected by the same issue, you might be able to join or start a class action lawsuit. These cases can take a long time and don't always lead to a clear resolution. A constitutional attorney can explain your options and help you understand what to expect.