…success or failure in a wrongful dismissal case is based on a combination of factors, including the facts of the claim, the prevailing law, the financial and psychological stability of the people involved, the lawyers’ strategy and, not least, some luck.
It all begins with a daunting choice that could have you scrambling to navigate through the 60,000 plus lawyers in Canada. It can be a difficult decision to make and it is worth doing some research before making the commitment. An article written by employment lawyer Daniel Lublin was recently featured on canadianimmigrant.ca and it offers some guidelines to assist in the selection process.
1. Don’t go with a Dabbler: “Inquire what percentage of the lawyer’s time is spent on employment law matters — don’t be the one to pay for his or her on-the-job education.”
2. Don’t be fooled by advertising: You might be surprised that family law and immigration lawyers are not restricted from promoting expertise in employment law. Google rankings are not an expression of a lawyer’s expertise or successes or failures in the court room.
3. Schedule a consultation: A lawyer who charges a fee will stand by advice more firmly than ones who offer it for free.
4. Consider the costs: Request a prediction of potential costs, “review the lawyer’s retainer agreement and discuss billing practices.”
5. Ask for references: Your lawyer’s reputation will precede him/her, don’t be afraid to ask around.
6. Common sense. To some extent you have to go with your gut. Consider whether you felt that your lawyer effectively listened to your concerns and understood them.
You may have lacked control over the circumstances that led to your claim, but making an informed decision about your representation could mean the difference between success and failure, so choose wisely.