Labor law is complex. The stakes are high, the concepts are in-depth and finding the most skilled person to support us in a file can be a real challenge.
We asked an expert in the field, Me Jérémy Little, of the firm OLS Avocats, to give us advice on how to find the best labor lawyer for your case.
First, Me Little mentions that the best choice will depend on the nature of the case, the sub-specialization it involves, the type of case, its circumstances and its issues.
The best lawyer for a certain type of case will not necessarily be the best for a completely different case. Nevertheless, here are some tips from Me Little.
Find a lawyer specializing in labor law
Labor law issues are often major. Specialization is a key tool for a professional to provide the most useful advice to his client, in an effective manner.
If a lawyer has an expert knowledge of the applicable laws, concepts and case law, he can quickly provide quality advice.
Thus, the client will not waste time and energy waiting for lengthy research to be carried out so that the lawyer can perfect his knowledge of already known concepts.
The advantage for the customer is that the latter will offer relevant advice more quickly. But that does not mean that lawyers who are not specialists are incapable of defending a case. On the contrary!
However, in general, non-specialized lawyers will obviously not have the same expertise in labor law as specialized lawyers.
Find a lawyer who specializes in the required sub-specialization
Labor law is extremely broad and includes several sub-specializations, such as labor law for executives and managers (eg executive dismissal cases), industrial accidents and occupational injuries, collective labor relations (eg . relations between employers and unions) and pensions and benefits.
Each of these sub-specializations has very different issues and procedures to follow. For example, in an executive dismissal file, the procedures to be followed differ enormously from those in a work accident file.
The methods to be followed, the issues, the procedures and the applicable deadlines vary enormously depending on the sub-specialization of labor law in question.
Find a lawyer who has significant experience with the type of case concerned
A particular sub-specialization may still represent records of very different types. For example, in matters of collective labor relations, the arbitration of a grievance would be a file very distinct from the negotiation of a collective agreement.
Often a lawyer who would be an excellent choice for one might have much less experience in the other. In terms of the dismissal of executives and managers, there is a wide range of cases such as the negotiation of severance pay, cases of dismissal for serious misconduct, dismissal without cause, harassment and constructive dismissal cases.
A lawyer with experience in a particular type of case will often have very specific knowledge of the issues and the best steps to follow to give themselves the best chance of obtaining a favorable result in this type of case.
It should be noted that a labor lawyer will often have significant experience in several types of cases, especially if they are all related to one and the same sub-specialization.
Find a lawyer who will be upfront and honest
Sometimes, if there is not enough evidence in a file, the best advice one could receive would be not to pursue the case.
Other times, despite a potential record, the result might not be worth the investment of time and energy that would be required. A frank and honest lawyer is your best ally to avoid such losing battles.
Find a lawyer who is focused on practical solutions
In the practice of law – especially in labor law – the ultimate goal is to obtain a good outcome. To achieve this, it is essential that the lawyer concentrates on the best strategy to implement to obtain the best result, and this, as efficiently as possible.
According to Me Little, spending hours developing theoretical advice is of little value, since it will not allow the client to solve his problem. Indeed, what could or should have happened remains very theoretical and is not of great relevance.
What matters: having an attorney who will design and implement the necessary steps to give you the best chance of resolving the case in your favor as quickly as possible. This principle should be the cornerstone and the ultimate goal of a prosecutor undertaking your case.