FAQs

How do I prepare for our first meeting?

To organize your thoughts and help the meeting run as efficiently as possible, we recommend that you bring a chronology of dates and events to help outline your story, as well as any specific questions you have. It is also useful to think about your end goal. This may something as straightforward as, 'Is the severance package offered fair?' to 'Is the non-competition agreement I signed at the outset of employment enforceable?' to 'I am in a poisoned work environment and want to leave as soon as possible, what are the implications?'.

What should I bring?

Please bring a copy of your recent T4, your termination letter, any written agreements or letter of hire, any communications (email, letters etc...) between you and the employer that are connected to the issues you would like us to address, as well as any other documents, company policies etc... that may be relevant.

How long does our first meeting last?

Typically, an initial meeting will last one hour. If you think you have a particularly long story to share and a number of issues to address, it may last longer.

How much does our first meeting cost?

Our lawyers hourly rates are posted on our fees page.

What will I get out of our first meeting?

At our first meeting we review the facts of your situation. We then discuss the issues, advise you of your rights and obligations, as well as outline your options and our recommended next course of action.

Why doesn't Hamilton Howell Bain & Gould provide free initial consultations?

In our initial meeting, we review the facts of your situation, discuss the legal and practical issues, advise you of your rights, and outline your options. In short, we provide you with a legal roadmap. That is our professional advice and the basis upon which we earn our living. The information you gain at the initial meeting is useful, regardless of which lawyer you may decide to work with. Or (based on our advice) whether you decide not to pursue the matter. As well, in the case of a straight forward severance package that doesn't fall too short from the mark, for example, we are often able to arm our clients with the right information and tools to go back and negotiate that gap themselves.

If I meet with a lawyer about my severance package, does that mean we'll end up in court?

Absolutely not. We're here to help you understand whether the offer you've been given is a reasonable one. Buying an hour of a lawyer's time helps you to make sense of what's happened. We give you information and advice about your rights and options in order to guide you through this transition. You will leave our meeting armed with information and can then make whatever decision you wish. Your employer doesn't even have to know you spoke to a lawyer. On the other hand, if your employer's offer is a fair and reasonable one, they should be ENCOURAGING you to get legal advice.

How fast can you negotiate a better severance?

That is a tough question to answer. Sometimes, we (or you!) are able to negotiate a settlement within a couple of months or less. More often, however, it will take longer. Unfortunately, we are not able to control the response of your former employer. If they won't put a reasonable offer on the table, you can chose to walk away and get on with your life, or instruct us to proceed with a legal action. It will also depend on how big the gap is (between your legal entitlement and what the company has offered) as well as your ability to obtain alternate employment. We have settled cases at all stages of the process: from the very outset, to after an action has been commenced, to halfway through trial.

How much will it cost?

This is also a tough one to answer for many of the same reasons as the last question. If we are able to negotiate a settlement fairly quickly, then it shouldn't cost more than a few thousand dollars. If we have to commence an action, then it could cost $5,000, $20,000, $50,000 or more. This depends on the type of trial, the length of trial, the number of issues, the complexity of the issues etc... The good news is that we will evaluate each step with you in order to determine whether, from a cost benefit analysis, it makes sense to proceed. We bill for our services each month. We will also provide you with an estimated range of what the next step will cost. Remember, nine out of ten cases never see the inside of a courtroom. Typically, you will not be faced with costs of proceeding to trial.

Although we usually bill by the hour, we do, on occasion, agree to take cases on a contingency fee basis. This means we take a percentage of your settlement or court awarded amount. If we don't obtain a settlement or court judgment, then (with the exception of disbursements) you don't pay. We can discuss the possibility of a contingency fee arrangement at our initial meeting and decide from there whether it makes sense to proceed on that basis.

In cases involving employment law, where we act for employees, our fees are usually tax deductible. If you have any questions about this you should consult your accountant.

What are my rights when faced with a termination?

Please visit our useful information sheet here.

Why should I choose Hamilton Howell Bain & Gould?

At Hamilton Howell Bain & Gould our goal is provide excellent value for our services. We manage your file proactively, efficiently, and thoughtfully. What does that mean? It means we work hard, at the outset, to negotiate a good settlement on your behalf. It means that when negotiations break down, we take the bull by the horns and keep pressure on the other side rather than letting deadlines drive the file. It means when tasks can be done on your file by our paralegal or by our office assistant, then we will delegate that work in order to keep your costs down. It means that we listen to your point of view to ensure that our strategies consistently reflect your needs and priorities.