What to Expect When You Hire an Employment Lawyer
You have read enough to know you may have a case. You are considering calling a lawyer. This article is about what happens next — what the process looks like, what it costs, what the lawyer needs from you, and what you should expect at each stage.
Hiring a lawyer is not a decision most people make casually, and the uncertainty of the process is often a bigger deterrent than the process itself. People who have never been involved in a legal matter do not know what happens after the first phone call, how long things take, what it will cost, or what is expected of them. The unfamiliarity breeds anxiety, and the anxiety delays action — sometimes past the point where action is still available.
What follows is a practical account of how the process works in a California employment case, from the initial consultation through resolution. It is not exhaustive — every case is different — but the structure is common enough to be described.
The initial consultation
The first step is a conversation. The employee contacts the firm — by phone, email, or through the website — and describes, in general terms, what happened. The lawyer listens, asks clarifying questions, and makes an initial assessment of whether the situation may give rise to a legal claim.
California Rule of Professional Conduct 1.18 protects qualifying prospective-client communications even if no engagement follows; confidentiality and privilege depend on the circumstances. Before sending documents or sensitive information, follow the lawyer’s initial-inquiry instructions so conflicts and availability can be checked.
The consultation may take thirty minutes or an hour. At the end of it, the lawyer will typically do one of three things: express interest in taking the case and explain the next steps; explain that the situation, while difficult, does not appear to give rise to a viable legal claim under the current facts; or identify areas that need further investigation before a determination can be made.
Not every consultation leads to a case. A lawyer who tells an employee that they do not have a strong claim is not being dismissive — they are being honest, and honesty at the outset is more valuable than false encouragement. An employee who is told they do not have a claim by one lawyer may wish to seek a second opinion, but should also be prepared for the possibility that the assessment is correct.
The fee arrangement
Most plaintiff’s-side employment lawyers work on a contingency fee basis. This means the lawyer does not charge an hourly rate. Instead, the lawyer takes a percentage of any recovery — whether through settlement or trial verdict — as the fee. If the case does not result in a recovery, the lawyer is not paid a fee.
The contingency percentage is typically between one-third and forty percent of the gross recovery, and the specific percentage may vary depending on the stage at which the case resolves — a lower percentage if the case settles before litigation, a higher percentage if it goes to trial. The exact terms are set out in a written fee agreement that the lawyer and the client sign before the engagement begins.
Costs are separate from fees. Litigation involves expenses — filing fees, deposition transcripts, expert witness fees, copying costs, court reporter fees. In many contingency arrangements, the lawyer advances these costs during the case and is reimbursed from the recovery. In others, the client is responsible for costs as they are incurred. The fee agreement must explain how costs are handled, including whether the client owes advanced costs if there is no recovery. This article is not an offer of contingency representation by this office; consultation fees, any representation, and cost responsibility must be separately agreed.
The contingency model aligns the lawyer’s incentives with the client’s: the lawyer is paid only if the client recovers. It also makes legal representation accessible to employees who could not afford to pay an hourly rate while unemployed — which is most of them.
In addition to the contingency fee, many California employment statutes provide that a prevailing employee is entitled to recover reasonable attorney’s fees from the employer. FEHA, the Labor Code, and other statutes include fee-shifting provisions that require the employer to pay the employee’s legal costs when the employee prevails. These statutory fees are in addition to, and sometimes in lieu of, the contingency percentage, depending on the fee agreement.
The investigation
Before filing a case, the lawyer will conduct a factual investigation. This typically involves a detailed interview with the client — a longer and more thorough version of the initial consultation — in which the lawyer goes through the chronology of events, identifies key witnesses, reviews relevant documents, and assesses the strengths and weaknesses of the case.
The lawyer will ask the client to provide whatever documentation they have: offer letters, employment agreements, performance reviews, disciplinary records, emails, text messages, the termination letter, any severance agreement, and any notes the client made about conversations or events. The more the client can provide, the stronger the foundation for the case.
This is also the stage at which the lawyer identifies the legal claims — the specific theories under FEHA, the Labor Code, the common law, or other applicable statutes that the facts support. Some cases involve a single claim; others involve multiple overlapping claims. The lawyer will explain which claims are strongest, which are weaker, and how they fit together.
The demand and pre-litigation resolution
Many employment cases resolve without a lawsuit being filed. After completing the investigation, the lawyer may send a demand letter to the employer — a written communication setting out the factual and legal basis for the claim and proposing a resolution, typically a monetary settlement.
The employer — usually through its own lawyer or its insurance carrier — may respond with a counteroffer, a request for more information, or a rejection. Negotiations may continue for days, weeks, or months. Some cases settle at this stage. Others do not, and the lawyer files a lawsuit.
Pre-litigation resolution has obvious advantages: it is faster, less expensive, and less emotionally draining than trial. It also involves trade-offs: the settlement amount may be less than what a jury might award, and the employee may be required to sign a release and a confidentiality agreement as part of the deal. Whether to accept a pre-litigation settlement is ultimately the client’s decision, informed by the lawyer’s assessment of the case’s value and the risks of proceeding.
Litigation
If the case does not settle before suit, the lawyer files a complaint in court — typically in California Superior Court, though some cases are filed in federal court depending on the claims involved. The complaint sets out the facts and the legal theories, and the litigation begins.
Litigation follows a predictable arc, though the timeline can vary. The major stages are:
Pleadings. The complaint is filed and served on the employer. The employer files a response — usually an answer or, in some cases, a motion to dismiss or compel arbitration. If there is an arbitration agreement, the question of whether the case proceeds in court or in arbitration is resolved at this stage.
Discovery. Both sides exchange information: written questions (interrogatories), requests for documents, and depositions (sworn testimony taken in a lawyer’s office). Discovery is often the longest phase of the case — it can take six months to a year or more. It is also where the case is built. The documents the employer produces, and the testimony its witnesses give under oath, become the evidence at trial.
Motion practice. The employer will almost always file a motion for summary judgment — a request that the court dismiss the case before trial on the ground that the evidence, even viewed most favorably to the employee, does not support the claims. The employee’s lawyer opposes the motion. If the court denies summary judgment, the case proceeds to trial. If the court grants it, the case may be over, subject to appeal.
Mediation. Most courts require the parties to participate in mediation — a structured negotiation facilitated by a neutral mediator — before trial. Many cases settle at mediation. The mediator does not decide the case; they help the parties evaluate their positions and find common ground.
Trial. If the case does not settle, it goes to trial — before a jury in most cases. The trial typically lasts between one and three weeks, depending on the complexity of the case. The employee and the employer present evidence, examine witnesses, and make arguments. The jury renders a verdict.
The timeline
Employment cases are not fast. A case that resolves pre-litigation may take three to six months from the initial consultation. A case that goes through full litigation typically takes one to three years from filing to trial. Cases that involve appeals can take longer.
The timeline is shaped by factors outside the lawyer’s control: court schedules, discovery disputes, the employer’s litigation strategy, and the complexity of the facts. The lawyer should keep the client informed of the case’s progress and the expected timeline at each stage.
What the lawyer needs from you
The client’s role in an employment case is not passive. The lawyer needs the client to be honest, responsive, and organized.
Honest means telling the lawyer everything — including the facts that are embarrassing or unfavorable. The employer will find those facts eventually. The lawyer needs to know about them first, so they can be addressed rather than discovered.
Responsive means returning calls and emails promptly, providing requested documents without unnecessary delay, and making yourself available for meetings, depositions, and court appearances. Litigation moves on a schedule, and missed deadlines have consequences.
Organized means keeping your records in order — the emails you preserved, the notes you took, the timeline of events. The better organized the client’s records, the more efficiently the lawyer can evaluate and present the case.
If you are considering contacting a lawyer about a workplace issue, the process may be less daunting than you expect. Ask about consultation terms and possible fee arrangements, and follow the contact instructions before sharing sensitive information. The decision to seek a consultation does not commit you to litigation. It gives you information — about your rights, your options, and your timeline — that you can use to make an informed decision about what comes next.
This article is general information about California law and is not legal advice. Every situation turns on its particular facts.