How to choose an employment lawyer: five practical tips
- Type
- Guide
- Topic
- Termination of Employment
- First published
- 7 April 2020
Choosing a lawyer for a workplace problem can feel daunting, especially when time is short. This guide sets out five practical things to look for and to do, from checking costs at the start to preparing for your first meeting.
Key points
- Look for a lawyer who works mainly in employment law and can tell you early which tribunal or court your matter belongs in.
- In Western Australia a law practice must usually tell you in writing how its costs are calculated and give an estimate of the total.
- Time limits are short: 21 days for a Fair Work dismissal claim and 28 days for an unfair dismissal claim in the WA state system.
- Bring your documents and a timeline, and tell your lawyer everything, including what does not help you.
Look for a lawyer who works in employment law
Employment law has its own rules, tribunals and deadlines. A claim might belong in the Fair Work Commission, the WA Industrial Relations Commission, a court or a discrimination body, and each has its own process. It helps to choose a lawyer who spends most of their time on employment matters and can tell you early which system you are in.
Every lawyer practising in Western Australia must hold a current practising certificate. The Legal Practice Board of Western Australia keeps a public register you can use to check that a lawyer is entitled to practise.
Ask about costs at the start
Legal advice and disputes can be expensive, so ask how you will be charged before you commit. In Western Australia, unless the costs are likely to be small, a law practice must tell you in writing how its costs will be calculated and give an estimate of the total, and it must tell you if there is a significant change to what it disclosed.
Ask whether the work can be done for a fixed fee, what is and is not included, and what happens to costs if the matter goes to a hearing. Knowing the likely cost lets you weigh it against what is at stake.
Get in touch early
Many employment claims have short time limits. An unfair dismissal or general protections dismissal claim to the Fair Work Commission must be lodged within 21 days after the dismissal takes effect. In the WA state system, an unfair dismissal claim to the WA Industrial Relations Commission must be made within 28 days after the employment ends.
A problem that starts small, such as a performance meeting or a show cause letter, can grow quickly. Getting advice before you respond often gives you more options than getting it afterwards. If you live in a regional area, or are too unwell to travel, ask whether the lawyer can meet by phone or video.
Choose someone who listens and is frank with you
Employment disputes are often stressful and personal. A good lawyer will listen to your account, help you identify the facts that matter, and explain the legal options that are actually open to you.
You should also expect honest advice about the weaknesses in your position, not only the strengths, and updates as new information comes to light. Nobody can promise you a result, so be wary of anyone who does.
Be prepared and open
Advice is only as good as the information it is based on. Tell your lawyer everything, including the parts that do not help you, and let them decide what is relevant.
Bring your contract, any award or enterprise agreement you know of, payslips, letters and emails from your employer, and any notes you made at the time. A short timeline of what happened and when is one of the most useful things you can prepare. It helps you remember the detail and helps your lawyer see how events unfolded.
The takeaway
Choose a lawyer who works in employment law, is clear about costs and is honest about your prospects, and contact them early because the time limits are short.
Note: First published in 2020 and rewritten in October 2026. The old article's tips are kept; added are the written costs disclosure required under the Legal Profession Uniform Law as applied in Western Australia from 1 July 2022, the current time limits (21 days for Fair Work dismissal claims, 28 days for WAIRC unfair dismissal claims), and a caution that no lawyer can promise a result.
General information about the law as it stands, not legal advice. Every situation turns on its own facts. First published 7 April 2020; updated 21 October 2026.
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