Employment lawyer guide

How Employment Lawyers Charge Fees

You want to understand how legal fees actually work before you commit to hiring anyone.

You want a straight answer about cost before you commit to anything with an employment lawyer.

Fees are not one fixed number across every case, but the structure behind them is worth understanding before you decide anything. Knowing the shape of the cost helps you plan, even before you know the exact figure.

Not in the same way. Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations, so that meeting itself does not carry courtroom style representation fees1.

Fees are more likely to apply to preparing your Section 20 representation, advising you before conciliation, and representing you if the matter reaches the Industrial Court. Each of those stages can be priced separately, and not every case needs all three.

A lawyer can still brief you before conciliation, even though they cannot sit in the room with you. That preparation is often where much of the early value comes from.

How do lawyers usually structure their charges?

Some charge a fixed fee for a defined task, such as drafting your representation or reviewing a settlement offer someone has put in front of you. Others charge an hourly rate for ongoing work once a case is underway and its scope becomes harder to predict in advance.

Neither structure is automatically better than the other. It depends on how clearly defined your case is at the point you first ask.

What should you ask before agreeing to anything?

Ask exactly what is included in the quoted fee, and what would count as extra work outside it. Ask, too, how you will be kept updated on costs as the case moves along, since a written answer to these questions protects both sides from confusion later.

Ask, too, what happens to fees already paid if the matter settles earlier than expected. That answer varies and is worth knowing upfront.

What should you do this week?

You have sixty days from your dismissal to file a Section 20 representation, so factor that timing into any decision about cost2. Use the deadline calculator to see exactly how much time you have to compare options.

Read about self representing at the Industrial Court if you are weighing that path against hiring someone for the whole process.

A lawyer can set out exactly how their fees work for your situation, so cost is not a mystery before you decide anything.

Common questions

Do I need to pay a lawyer for the conciliation stage?

Solicitors are not permitted to represent either side at conciliation, so that stage does not involve courtroom style legal fees in the way a hearing might. A lawyer can still prepare you beforehand.

Is there one standard rate for an unfair dismissal case?

No, fees vary by lawyer and by how a case is scoped, whether that is a fixed fee for a specific task or an hourly rate for ongoing work. Ask for the structure in writing early.

What should I ask about cost before hiring someone?

Ask what is included, what counts as extra work, and how billing is tracked as the case moves forward. A clear answer to all three questions matters more than the headline number alone.

Is spending money on a lawyer worth it for a small claim?

That depends on your evidence, your potential remedy, and how much guidance you feel you need. A first conversation can help you weigh the cost against what pursuing the claim might realistically involve.

Sources

  1. Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates (accessed 2026-09-22)
  2. An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates (accessed 2026-09-22)

A lawyer can set out exactly how their fees work for your situation, so cost is not a mystery before you decide anything.