Working with a Lawyer — What to Expect and How to Prepare
Knowing when and how to engage a lawyer can be the difference between a resolved case and a missed opportunity.
Content last verified against official statutes: March 30, 2026
When Do You Actually Need a Lawyer?
Not every workplace issue requires a lawyer, and this platform exists to help you handle many situations independently. But there are specific moments when professional legal advice becomes essential.
You should consult a lawyer when:
- You have been terminated or believe you are about to be
- You have received a "without prejudice" offer or settlement proposal
- Your employer's internal process has failed and you are considering an external filing (CIRB, CHRC, OPC)
- You are facing constructive dismissal (systematic changes to your role that are forcing you out)
- The amount at stake is significant (back pay, severance, damages)
- Your complaint involves multiple overlapping areas of law (harassment plus privacy plus reprisal)
- You need to make a decision with a hard deadline approaching (CIRB 90-day deadline, CHRC 1-year deadline)
You may not need a lawyer when:
- You are documenting incidents and collecting evidence (see the Evidence Collection Guide)
- You are writing and filing an internal HR complaint (see the HR Complaint Masterclass)
- You are submitting a PIPEDA access request (straightforward written process)
- You are in the early stages of raising concerns internally
- Your issue is resolved through the internal process
The key principle: a lawyer adds the most value when you have already done the groundwork. If you walk into a consultation with a complete timeline, organized evidence, and a clear understanding of which laws apply, the lawyer can focus on strategy rather than spending billable hours on basic fact-gathering that you can do yourself.
Types of Employment Lawyers in Canada
Employee-Side Employment Lawyers
Who you wantThese lawyers represent employees exclusively. They handle wrongful dismissal, constructive dismissal, harassment, discrimination, and reprisal claims. This is who you want. When searching, look for lawyers who specifically state they represent employees, not employers.
Management-Side Employment Lawyers
Not for youThese lawyers represent employers. They defend companies against employee complaints. They are not the right choice for you, even if they offer a "free consultation." Their expertise is in defeating claims like yours, not advancing them.
Human Rights Lawyers
SpecialistSpecialize in complaints under the Canadian Human Rights Act or provincial human rights codes. If your primary claim is discrimination or harassment based on a prohibited ground (race, sex, disability, religion), a human rights specialist may be the best fit.
Labour Lawyers
Unionized workplacesHandle unionized workplace issues, collective agreement disputes, and labour board matters. If you are in a unionized environment, your union should provide legal representation, but you can also engage independent counsel if you believe your union is not adequately representing you.
General Practice Lawyers Who "Do Some Employment Law"
Exercise cautionEmployment law is specialized, particularly federal employment law (Canada Labour Code). A general practice lawyer who handles a few employment cases per year may not know the nuances of CIRB procedures, SOR/2020-130 timelines, or the reverse burden of proof under CLC s.246.1. Ask specifically how much of their practice is employment law and whether they have experience with federal jurisdiction.
How to Find the Right Lawyer
Where to Look
- Law Society of Ontario (or your province) lawyer directory — search by practice area "Employment Law" and filter for employee-side
- Canadian Bar Association lawyer referral service
- Legal Aid Ontario (or your province) — if you qualify financially
- Recommendations from trusted contacts who have been through a similar process
- Our Lawyer Directory — MyWorkRights.ca features vetted, employee-side employment lawyers across Canada
Questions to Ask Before Hiring
- 1"What percentage of your practice is employment law, and do you primarily represent employees or employers?"
- 2"Have you handled cases involving [your specific issue: reprisal, harassment, privacy, unjust dismissal] in federal jurisdiction?"
- 3"Are you familiar with SOR/2020-130, CLC s.246.1, and CIRB complaint procedures?" (For federal employees)
- 4"What is your fee structure — hourly, flat fee, contingency, or hybrid?"
- 5"What is your estimated timeline and total cost for a case like mine?"
- 6"Will you personally handle my case or will it be delegated to a junior associate?"
- 7"Can you provide references from past employment law clients?"
Red Flags
Fee Structures — What Employment Lawyers Charge
Hourly Rate
$250–$600/hourThe most common structure. Employment lawyers in Canada typically charge between $250 and $600 per hour depending on experience and location. Senior partners at large firms can charge $800 or more. You will receive periodic invoices, and the final cost depends on how much time the lawyer spends on your case.
Flat Fee
Task-specificSome lawyers offer flat fees for specific tasks: reviewing a severance package ($500–$2,000), drafting a demand letter ($1,000–$3,000), or representing you at a specific hearing. This gives you cost certainty but is usually only available for well-defined, limited-scope tasks.
Contingency Fee
15–35% of recoveryThe lawyer takes no upfront payment and instead receives a percentage of any settlement or award. This is common in wrongful dismissal and large damages cases where the expected recovery justifies the arrangement. If you lose, you pay nothing (or only disbursements). If you win, the percentage comes off the top.
Hybrid
Reduced hourly + contingencySome lawyers combine a reduced hourly rate with a smaller contingency percentage. This shares the risk between you and the lawyer.
Disbursements
Billed separatelySeparate from fees, disbursements are out-of-pocket expenses the lawyer incurs on your behalf: filing fees, courier costs, expert reports, transcription, travel. Always ask for an estimate of disbursements upfront.
Free Consultations
15–30 minutesMany employment lawyers offer a free initial consultation. Use this to assess fit, ask your key questions, and determine whether the lawyer understands your situation. A free consultation does not obligate you to hire.
How to Prepare for Your First Consultation
The quality of your first consultation depends entirely on your preparation. Lawyers bill by the hour. Every minute they spend asking you for basic facts is a minute they are not spending on strategy.
Bring These Documents
- 1Your timeline — Chronological list of incidents with dates, facts, and evidence references (see the Evidence Collection Guide)
- 2Your evidence inventory — The master list of all evidence you have collected
- 3Your written complaint — If you have already filed one internally
- 4Your employment contract — Including any amendments, job descriptions, or contractor agreements
- 5Relevant correspondence — Key emails to and from HR, management, and any regulatory bodies
- 6Pay stubs and financial records — If your claim involves wages, overtime, or severance
- 7Your employer's response — Investigation findings, settlement offers, or "without prejudice" communications
Prepare a One-Page Summary
Lawyers receive lengthy documents from clients. Make it easy for them. Prepare a single-page summary that covers:
- Your name, employer, role, start date, and employment status
- The core issue in 2–3 sentences
- Key dates (incident dates, complaint dates, deadlines approaching)
- What you have done so far (internal complaint, regulatory filings, evidence collected)
- What outcome you are seeking
- Any hard deadlines (CIRB 90 days, CHRC 1 year)
Know Your Deadlines
Before the consultation, calculate your key deadlines and tell the lawyer which ones are approaching. This may affect urgency and strategy.
| Filing Body | Deadline | Starting From |
|---|---|---|
| CIRB — Reprisal complaint | 90 days | Date of the reprisal action |
| CHRC — Discrimination/harassment | 1 year | Date of the last incident |
| CLC s.240 — Unjust dismissal | 90 days | Date of dismissal |
| OPC — PIPEDA complaint | No statutory limit | File promptly |
What Happens After You Hire a Lawyer
The Retainer Agreement
Before work begins, you sign a retainer agreement specifying the fee structure, scope of work, billing practices, and your obligations. Read it carefully. Ask about anything you do not understand. Key items to confirm: what triggers additional charges, how often you will be billed, and what happens if you want to terminate the relationship.
Communication Expectations
Establish communication expectations upfront. How will you communicate (email, phone, portal)? How quickly will the lawyer respond to non-urgent questions? Will you receive copies of all correspondence sent on your behalf? Will you be consulted before any significant strategic decision?
Your Ongoing Role
Hiring a lawyer does not mean your job is done. You will still need to:
- Provide documents and evidence as requested
- Review and approve communications sent on your behalf
- Make decisions on settlement offers and strategy
- Continue documenting any new incidents
- Meet deadlines the lawyer sets for you
Lawyer-Client Privilege
Everything you tell your lawyer is confidential and protected by lawyer-client privilege. This means your employer cannot compel your lawyer to disclose your conversations. Be completely honest with your lawyer, even about facts that are unfavorable to your case. They need the full picture to represent you effectively. Withholding information from your own lawyer is one of the most damaging things a client can do.
What a Lawyer Cannot Do
They cannot guarantee an outcome.
No lawyer can promise you will win, receive a specific amount, or achieve a particular result. If a lawyer guarantees an outcome, that is a red flag, not a reassurance.
They cannot undo poor documentation.
If you did not document incidents, did not save evidence, or did not follow up in writing, the lawyer is working with gaps. The better your documentation before you hire a lawyer, the stronger your case will be. This is why the guides on this platform exist — to help you build the foundation before the lawyer enters the picture.
They cannot speed up regulatory bodies.
CIRB, CHRC, CHRT, and OPC processes move at their own pace. Your lawyer can file promptly and follow up, but investigation and adjudication timelines are outside their control. Expect months, sometimes years, for external processes to conclude.
They cannot replace your judgment.
Your lawyer advises. You decide. Whether to accept a settlement, whether to escalate, whether to file externally — these are your decisions. A good lawyer presents options with pros and cons. A bad lawyer pressures you toward a specific outcome.
Alternatives to Full Legal Representation
Unbundled Legal Services (Limited Scope Retainer)
You hire a lawyer for a specific task only: reviewing your complaint before you file it, drafting a demand letter, advising on a settlement offer, or representing you at a single hearing. This costs significantly less than full representation and may be all you need.
Legal Clinics
Many communities have free or low-cost legal clinics that handle employment matters. These are staffed by lawyers, paralegals, or law students under supervision. Quality varies, but they can provide initial advice and help with basic filings at no cost.
Paralegals
In Ontario, licensed paralegals can represent clients in certain tribunals (Small Claims Court, Ontario Labour Relations Board) and provide legal advice within their scope. They typically charge lower rates than lawyers. Check your province's rules on paralegal practice.
Self-Representation
You have the right to represent yourself before the CIRB, CHRC, CHRT, and other tribunals. These bodies are designed to be accessible to unrepresented parties. If you have strong documentation, a clear timeline, and a solid understanding of the relevant law, self-representation is viable. This entire platform is designed to help you build that foundation.
When self-representation is not advisable
If the employer has legal counsel, if the case involves complex legal issues, if significant money is at stake, or if you are emotionally unable to present your case dispassionately, professional representation is strongly recommended.
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
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Cite This Page
MyWorkRights.ca, "Working with a Lawyer — What to Expect and How to Prepare," accessed 2026-04-01, https://myworkrights.ca/guides/working-with-a-lawyer
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.