Your Rights When Working With A Lawyer
You are about to speak to a lawyer and want to know where you stand.
You keep control when you work with a lawyer. These are the rights that protect that.
Do you have to go ahead?
No, you can have a conversation to understand your situation without any duty to proceed. What happens next is your decision.
You are also entitled to know when a lawyer can and cannot represent you. Solicitors are not permitted to represent parties at conciliation, but they can from the Industrial Court stage on.1
What can you ask about fees and choice?
You can ask how a lawyer charges before you commit to anything. You can also speak to more than one lawyer before you choose.
Your first conversation is a starting point, not a final choice.
What limit stays fixed?
You can work at your own pace, but the 60-day window to file a representation stays fixed whoever you choose.2
That limit does not pause while you compare lawyers. Keep it in view.
What does this look like in practice?
These rights mean you can ask direct questions, disagree with a suggestion, or pause before you decide anything.
Working with a lawyer should feel like a conversation you are part of. If it does not, raise it.
How do you turn rights into action?
Check your dates on the 60-day deadline calculator so your own timeline is clear. The employment lawyer page explains what a lawyer does and does not do.
For later stages, read your rights when filing a claim and your rights at the Industrial Court.
If you want a lawyer to act for you, send your dismissal date and what happened. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you believe your rights were breached and you are considering a claim, send your dismissal date and what happened. An independent employment lawyer can take it forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Must I proceed after speaking to a lawyer?
No. A first conversation is separate from filing a claim. You decide afterwards what happens next.
Do I have a right to representation at every stage?
Not at conciliation, where solicitors cannot represent parties. From the Industrial Court stage on, you can be represented directly.
Can I ask about fees before committing?
Yes. Asking how a lawyer charges is a normal part of choosing one.
Can I get a second opinion?
Yes. Speaking to more than one lawyer before you decide is normal.
Sources
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; an employee attends and speaks for themselves Mah Weng Kwai & Associates
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
Keep reading
If you believe your rights were breached and you are considering a claim, send your dismissal date and what happened. An independent employment lawyer can take it forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.