We are a Centrally Located, Specialized Firm that Offers Rapid, Economic, and Successful Results in the Areas of Employment and Labor Law

Gilkey & Stephenson, P.A., a New Mexico professional corporation in good standing, provides quality legal representation in the areas of employment and labor law to a variety of diverse clients, including local and national companies and public entities.  Gilkey & Stephenson was formed on March 1, 1995, by Duane C. Gilkey and Barbara G. Stephenson, both of whom previously were partners with the Albuquerque law firm of Rodey, Dickason, Sloan, Akin & Robb, P.A.  From its inception, the Firm’s mission was to offer employers the high quality legal representation of a big firm with the personalized and cost-effective touch of a small firm.  At present, Gilkey & Stephenson has seven employees, including three attorneys, Mr. Gilkey, Ms. Stephenson and Quentin Smith; two paralegal assistants and two support staff members.

Gilkey & Stephenson provides representation to employers on employment and labor law related issues, and 90% of the Firm’s work is defending lawsuits.  Our litigation practice is enhanced by the Firm’s active practice in counseling and training employers, auditing employers’ employment practices, drafting or revising employee policies, responding to collective bargaining issues, and assisting in other measures aimed at preventing disputes from turning into administrative charges or litigation.  Through this employment and labor law specialization and our work in preventative practices, we provide responsive and cost-effective service.  A brief summary of Gilkey & Stephenson’s recognition as a leading employment and labor law defense firm in New Mexico is as follows:

• The Firm is listed in the Martindale-Hubbell Bar Registry of Preeminent Lawyers and is “AV” rated by Martindale Hubbell.  Results derived from a lawyer poll or survey.
• Both Mr. Gilkey and Ms. Stephenson are listed in the Best Lawyers in America in the field of employment law and are certified by the New Mexico Board of Legal Specialization as specialists in employment and labor law.  Results derived from a lawyer poll or survey.
• The Firm is ranked as the number one defense firm in the area of labor and employment law in New Mexico in Chambers USA, America’s Leading Business Leaders.  Results derived from a lawyer poll or survey.
• Mr. Gilkey and Ms. Stephenson are ranked as the number one and number two leading individuals in the State in the area of employment law litigation in Chambers USA, America’s Leading Business Leaders.  Results derived from a lawyer poll or survey.
• The attorneys of the Firm frequently are called upon to speak at educational seminars for attorneys, business owners, managers, and human resource representatives.
• Gilkey & Stephenson is the only New Mexico member of Worklaw Network, a national association of select employment and labor law defense attorneys.  Because of the nationwide relationships created through Worklaw, we have the ability to meet the needs of our clients in New Mexico and throughout the fifty states.
• The Firm has a team of experienced paralegals and support staff familiar with issues that arise in employment and labor law litigation.
• We also maintain state-of-the-art computer technology that enables us to provide rapid, thorough, and accurate solutions to legal issues.
• Gilkey & Stephenson is located in downtown Albuquerque, and is within walking distance of state and federal courthouses.

We Have Extensive Litigation Experience in the Areas of Employment and Labor Law

Gilkey & Stephenson offers its services for the defense of employment and employment-related civil rights actions and labor relations.  Our Firm emphasizes preventative employment practices.  By educating clients about the legal and social requirements of a diverse workplace, we have helped companies avoid lawsuits and increase their productivity.  Unfortunately, however, claims and lawsuits are an inevitable part of operating a workforce.  One of the Firm’s most valuable assets is the judgment of its attorneys – we have experience in assessing a case to determine whether the client’s best interests lie in early settlement or in a courtroom victory.  Thus, when litigation arises, the Firm explores all of the cost-effective options available with the client and attempts to immediately resolve the matter.  If immediate resolution is not possible, Gilkey & Stephenson partners with the client to aggressively defend its legal position.

Because we do not dabble in the full range of services offered by some law firms, we provide cost-effective service through our specialization in employment and labor law.  We are well-versed in the many statutes governing employment matters and have established relationships with the individuals who administer those statutes on local, state, and federal levels. In addition to drafting petitions of certiorari to the United States Supreme Court, our attorneys have successfully defended clients in the following forums: (Past successes cannot be an assurance of future success because each case must be decided on its own merits.)

• Federal Courts, including the United States District Court for the District of New Mexico, and the Courts of Appeals for the Fifth, Seventh, and Tenth Circuits.
• State Courts, including New Mexico District Courts in nearly all of the State’s Thirteen Judicial Districts
• County and Metropolitan Courts of New Mexico
• The Equal Employment Opportunity Commission and the New Mexico Human Rights Division.
• The United States and New Mexico Departments of Labor.
• The National Labor Relations Board and the Public Employees Labor Relations Board.

The Firm is Qualified

Each of the Firm’s attorneys have substantial litigation experience.  Duane Gilkey has nearly forty years of litigation experience, while Barbara Stephenson has twenty-five years. All Firm attorneys are members in good standing with the New Mexico Bar and are fully licensed to practice in all state and federal courts in New Mexico.

Gilkey & Stephenson also relies on experienced paralegals, working under the supervision of an attorney, in all aspects of its litigation practice.  Tasks typically assigned to a paralegal include document production and control, drafting and responding to discovery, witness interviews, and numerous other case management activities.  Our paralegals are used extensively in litigation to contain costs.  The qualifications of our paralegals are as follows:

Stella Silva Baca: Ms. Baca has over twenty five years of experience with employment-related issues.  Of the dozens of administrative agency level charges, including EEOC or New Mexico Human rights Division (HRD) charges, to which she has responded, she has received an adverse determination in only one case.  (Past successes cannot be an assurance of future success because each case must be decided on its own merits.)  Ms. Baca also has extensive experience in discovery, document control, and case management of employment cases.

Cheryl Peifer: Ms Peifer has over twenty years of experience as a paralegal including extensive litigation and case management experience.  She also has obtained numerous favorable results in responding to administrative agency level charges, including EEOC / HRD charges, and also has been trained in on-line data tracking and research.  (Past successes cannot be an assurance of future success because each case must be decided on its own merits.)

We are Cost-Effective

The Firm employs cost-saving measures, while ensuring the highest quality professional services, through the following strategies:

• We concentrate.  Our entire staff (from attorneys to secretaries) is experienced with the various federal and state statutes and common law claims that arise in the employment field.  We do not “reinvent the wheel” every time an issue arises.  Rather, we utilize brief banks and research files when drafting legal motions and we focus on the real issues in the case.
  
• We evaluate.  Although we utilize brief banks and research files, each case is unique.  When a dispute with an employee arises (frequently well before a lawsuit is ever filed), we explore the dynamics of the situation with the various decision makers involved and recommend strategies that make the most legal and practical sense under the circumstances.  Once the lawsuit is filed, we arrange an early meeting with opposing counsel to determine whether settlement possibilities exist or whether an alternative dispute resolution form is appropriate.  This early meeting with opposing counsel often allows us to achieve bargain settlements and effective resolution of claims before the parties are saddled with expensive litigation costs.  (Past successes cannot be an assurance of future success because each case must be decided on its own merits.)  In subsequent stages in the litigation, we recommend as appropriate, participation in alternative dispute resolution mechanisms, including arbitration, mediation, and court conducted settlement conferences.
  
• We delegate.  Whenever possible, work is delegated to paralegals working under the supervision of an attorney or to attorneys with lower billing rates.
  
• We strategize.  At the beginning of a lawsuit, we take the client’s budget into consideration and create a plan of action.  This plan of action includes delegating appropriate work, formulating a discovery plan, and gathering the information necessary to file early (and often successful) motions to dismiss and motions for summary judgment.
  
• We communicate.  The Firm includes four attorneys and two paralegals who have decades of combined education and experience in the area of employment and labor law.  Because of our small staff, we are able to quickly consult with each other and draw upon this wealth of knowledge.  Moreover, our clients themselves often have information about their particular workplace that is invaluable to our evaluation and defense of the case.  We communicate frequently by telephone, e-mail, and in person with our clients to ensure that our legal strategies are practical for their work environment.

Our Billing Methods are Innovative

• Flat-fee billing.  Because we often work with small businesses, we are sensitive to a range of financial concerns and, in certain circumstances, we will consider flat-fee billing arrangements for discrete projects.  This arrangement gives employers the comfort of certainty and allows the Firm to work in an efficient and effective manner.
  
• Litigation milestones.  Another innovative billing method we will offer is to determine the budget for milestones in litigation.  For example, we can estimate the cost through discovery and as the costs approach the set limit, we will discuss various options with our clients.  In this way, the client maintains control of its financial situation and the Firm retains control of its legal strategy.
  
• We use our resources.  As the only member of the Worklaw Network in New Mexico, a national association of employment and labor law defense attorneys, we have exclusive access to legal and other resources that enhance our effectiveness while reducing the number of work hours necessary to stay on the cutting edge of employment and labor law developments.

Through the measures we routinely take and those which we propose, the Firm saves our clients money by immediately focusing and narrowing the legal issues, limiting the amount of discovery necessary to defend our clients’ position on those issues, and bringing to bear on our opponents our well-honed expertise in a complex and rapidly developing area of the law.  At all times, we will seek quick and favorable results at the lowest possible cost.

We Unite with In-House Counsel and Claims Adjusters to Produce
Both Legally and Financially Sensible Results

Gilkey & Stephenson has many years of experience representing some of our nation’s largest corporations, including Intel, Philips, and Westinghouse.  We are, consequently, well accustomed to coordinating our legal strategies with in-house corporate counsel who themselves are experts in their fields, and we make it our practice to communicate with our clients at every stage of a given matter.  The Firm does this in the various billing and case-management formats required by our clients, and we are very accustomed to preparing formal written reports, evaluating the facts and issues of a case, and recommending quick resolution strategies.  We also communicate frequently and informally with our clients – instead of churning out formal (and costly) assessments at every turn, we pick up the telephone or e-mail our clients to give them updates.

Gilkey & Stephenson also identifies at an early stage alternative dispute resolution options and makes every effort to use them, where appropriate, to resolve a case.  Simultaneously, the Firm identifies issues that may be resolved through early motion practice and, consistent with a fully integrated litigation strategy, employs motions to dismiss and motions for summary judgment to dispose of claims as early as possible to curtail the scope of discovery, gain strategic advantage in the disposition of other claims, and, of course, to limit potential liability exposure.

Our clients are routinely invited to participate in every stage of the litigation, from hearings, to depositions, to strategy sessions.  To make each client a partner in our endeavors, in the fullest sense of the term, we provide them with copies of all correspondence, pleadings, discovery, etc., and enable them to participate in each stage of the litigation in a fully informed and meaningful manner.  In addition, in appropriate circumstances, we include in our strategy discussions the supervisors and managers involved in a particular legal issue.  Often, the decision maker whose action instigated a lawsuit feels worried, responsible, and defensive.  Allowing these individuals to participate in the defense of the case gives them insight into how to avoid issues in the future and restores stability in the workplace.  In addition, at the end of litigation, the Firm offers recommendations to clients on remedial measures to prevent claims in the future.  Such recommendations can include a complete audit of policies and procedures, as well as training.