What to Expect When You Hire an Employment Lawyer: The First 30 Days
You have decided to hire a lawyer. You have never done this before. The process — the engagement letter, the fee agreement, the intake, the investigation — is unfamiliar, and the uncertainty adds stress to a situation that is already stressful. This is what the first month looks like.
Hiring a lawyer for the first time is disorienting — not because the process is complicated but because it is unknown. The employee does not know what to expect, what to provide, what to ask, or how the relationship works. The uncertainty creates anxiety on top of the anxiety that prompted the call in the first place.
What follows is a practical guide to the first thirty days of the attorney-client relationship in a California employment case.
The initial consultation
The first conversation is an evaluation — the attorney is evaluating the case, and the employee is evaluating the attorney. Confirm the available time, consultation fee, and initial-inquiry instructions before scheduling. This guide describes possible steps, not a promised timetable or fee arrangement from this office.
The employee should come prepared: a written chronology of what happened, copies of key documents (the offer letter, performance reviews, the termination letter, any relevant emails), and a list of questions. The attorney will ask about the facts, evaluate the claims, and provide an honest assessment of whether the case is worth pursuing.
If the attorney agrees to take the case, they will explain the fee arrangement and send an engagement letter.
The engagement letter and fee agreement
The engagement letter is the contract that formalizes the attorney-client relationship. It specifies: the scope of the representation (what claims the attorney is handling); the fee arrangement (contingency, hourly, or hybrid); how costs are handled (advanced by the attorney and reimbursed from the recovery, or paid by the client); and the terms for ending the relationship.
In a contingency arrangement, the agreement specifies how the attorney’s fee depends on a recovery and how it is calculated. Fees and litigation costs are different. The agreement must explain responsibility for costs, including whether the client owes costs if there is no recovery. Do not assume that all expenses are waived or advanced. Any arrangement with this office must be separately agreed.
Read the engagement letter carefully. Ask questions about anything you do not understand. Sign it only when you are comfortable with the terms.
The intake and investigation
After the engagement letter is signed, the attorney begins the intake — a thorough review of the facts, the documents, and the evidence. This typically involves:
A detailed interview. The attorney asks follow-up questions that go deeper than the initial consultation — dates, names, specific conversations, witnesses, the employer’s policies, the circumstances of the termination. The interview may take one to two hours.
Document collection. The attorney asks the employee to provide every relevant document: employment agreements, performance reviews, pay stubs, emails, text messages, the personnel file, the termination letter, the severance offer (if any), and any notes or documentation the employee created. The more complete the document set, the stronger the evaluation.
Legal research. The attorney researches the specific claims, the applicable statutes, the filing deadlines, and any recent case law that affects the analysis. This work is invisible to the client but essential to the case.
The strategy conversation
Within the first few weeks, the attorney presents the evaluation and the recommended strategy. This conversation covers: the claims the case supports; the strengths and weaknesses of each claim; the probable range of damages; the recommended approach (demand letter, administrative filing, lawsuit); the timeline; and the risks.
This is the conversation where expectations are calibrated. The attorney should be direct about the case’s value, the likelihood of different outcomes, and the challenges the case presents. The employee should ask every question they have — about the process, the timeline, the costs, and the probable outcome.
The demand letter or filing
In most cases, the first formal step is a demand letter — a letter from the attorney to the employer outlining the claims and proposing a settlement. The demand letter typically goes out within the first thirty to sixty days.
In some cases, the attorney files an administrative complaint with the CRD or a lawsuit in court instead of or before sending a demand letter. The choice depends on the strategy — whether early negotiation or immediate litigation is more likely to produce the best outcome.
What the attorney needs from you
Responsiveness. The attorney will need information, documents, and decisions from you throughout the case. Responding promptly — to emails, to document requests, to questions — keeps the case moving.
Honesty. Tell the attorney the good facts and the bad facts. The attorney cannot prepare for what they do not know. A surprise in deposition — a fact the client did not disclose — is one of the most damaging events in a case.
Patience. The legal process is slower than the client’s emotional timeline. There will be periods of waiting. The attorney should communicate during these periods — but the client should understand that waiting is part of the process, not a sign of inactivity.
Trust. The attorney is making strategic decisions based on experience and legal judgment. The client should understand the decisions, should ask questions about them, and should feel comfortable challenging them — but should also trust that the attorney’s recommendations are based on the case’s best interests.
Hiring an employment lawyer for the first time is a step into the unknown. Understanding the process — the consultation, the engagement letter, the intake, the strategy conversation, the first formal step — removes the uncertainty and allows you to focus on the case rather than the mechanics. The first month sets the foundation. Everything that follows builds on it.
This article is general information about California law and is not legal advice. Every situation turns on its particular facts.