Is your lawyer a great coach?

I am a shameless advocate for coaching. I graduated some years ago from a coaching certificate at UBC and came out transformed. So much so that I now believe everyone should become a coach and that everyone would benefit from coaching. It would be the first step towards a conflict- free workplace. Which would perhaps mean that there will be no need for employment lawyers and leave me unemployed. But I digress.

Coaching helped me to approach difficult conversations, client management, and workplace investigations. Knowing the basics of coaching can transform the lawyer-client relationship.

A great coach listens. Intently.

A great lawyer will do the same and will work to understand the reality of what their client is experiencing.

A great coach asks powerful questions.

A great lawyer, through both open and closed questions, will get to a deeper understanding of their clients’ intentions. This can be as simple as asking “why?” more than once. An example of this is the client who says they want their job back and is asking the lawyer to press for this. Ask them “why?” and then listen. By doing so you may find that they are underestimating their transferable skills, have lost their sense of value, or are afraid of change. A great lawyer uses the power of questioning to explore what is beneath the surface of their client’s needs and motivation. In doing so they ensure they can build strategy that will stand the test of time.

A great coach practices reflective listening.

It has been proven time and again that reflecting back what someone tells you is a powerful way to make sure you understand, and to ensure people felt heard and understood. This will ensure that the trust required between lawyer and client is built on solid foundation of common ground and trust.

A great coach sees the client as capable of resolving their situation.

While people seek legal advice for the lawyer’s expertise, sometimes all they need is information to even the playing field, and an objective sounding board. A great lawyer will agree with the client how much of the lawyer’s involvement is required, on what capacity, and how much the client can, or wants, to achieve on their own.

A great coach acknowledges the emotions in the room.

Sometimes this is just saying “I can hear it in your voice that this has been very difficult for you”. Long gone should be the days where lawyers complain that what their client needs most is “a psychologist and not a lawyer”, or that the practice of law “would be great if it wasn’t for the clients”. Excuse me while I gasp for breath … really? A great lawyer knows the work of accepting difficult emotions. They coach themselves in how to navigate the range of emotions we all experience as human beings.

A great coach calls you on your B.S.

A great lawyer does too. And not just on the obvious legal mis- compliance issues, but on the blind spots in how the client is managing their business or their situation. I tell clients from the outset that they will get straightforward advice from me without sugar-coating. So far, it has always been appreciated.

A coaching approach is not for every lawyer-client relationship, but in employment law, which is entirely people-centered, it is a great added value to get the most out of your legal fees.

This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts.

Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

So you have been served with a wrongful dismissal lawsuit, what’s next?

So you have been served with a wrongful dismissal lawsuit, what’s next?

We are regularly contacted by businesses who have been served with a wrongful dismissal lawsuit by a former employee.  This can be very stressful and for many, the first time they have been sued.  Here are answers to some of the most frequently asked questions that we have received from businesses who have been sued by former employees.

  1. Do I need a lawyer?

Probably.  Hiring a lawyer to help you defend a lawsuit is a sensible idea.  Lawyers can help explain your rights and obligations, assist in preparing documents and advise you on court rules and procedures, which can be complicated.

Some employers prefer to defend themselves and there are a number of helpful online resources from the Provincial Court (https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides) and Supreme Court (https://www.bccourts.ca/supreme_court/self-represented_litigants/)  which you should access.

  1. Is this lawsuit public?

Yes.  Once a Notice of Civil Claim is filed in either the Provincial or Supreme Court it is accessible to the public.  Any documents that are filed with the Court, like a Defendant’s Response or Affidavits are also accessible to the public.  In rare cases, a party can request that documents filed with the Court be “sealed” or labelled confidential which means that they are not accessible by the public.

  1. How much will it cost?

It is always difficult to estimate how much defending a lawsuit will cost.  There are filing fees that are set by the Court.  If you hire a lawyer, then you will also have to pay legal fees for their time in assisting you.  Most lawyers charge an hourly rate and those rates can vary.  How complicated the case is will also have an impact on the overall cost.

Bottom line, litigation can be costly, so make sure to ask your lawyer from the outset about their fees and for them to give you a range of the expected cost.  You should also ask your lawyer for regular updates about their fees at each step of litigation.

  1. When will I have to pay?

Your lawyer should provide you with a retainer agreement or an engagement letter which sets out the terms of the retainer, including when payment is due.  You may be required to provide an initial retainer when you first hire the lawyer.  Most lawyers require you to pay monthly for any time spent working on your file.

For more information about lawyer’s fees and retainers, see the Law Society of B.C.s website:  https://www.lawsociety.bc.ca/working-with-lawyers/lawyers-fees/

You may also end up having to pay your former employee damages, often in the form of more severance pay. Most cases settle before a trial, so payment happens then, or if you may have to pay the employee after a trial and award, which could take 12 months or more.

  1. What happens if I don’t defend it?

If you “do nothing” and decide not to defend the lawsuit, the Plaintiff (the person who sued you) can go to Court and ask for a Default Judgement against you.  If the Plaintiff is successful, then the Court issues an Order stating that the Plaintiff “wins” their lawsuit.  The Plaintiff can then take steps to enforce that Default Judgment against you, which can include garnishing wages, freezing bank accounts or putting liens on property you own.

There are a number of online resources available to help you navigate a lawsuit, including pro bono legal services.  Here is a good summary of some of those resources:  https://www.lawsociety.bc.ca/working-with-lawyers/resources-on-the-justice-system/

Wherever you decide to go, it is important to consult a lawyer to make sure you understand your rights and obligations.

 

This blog is not intended to serve as legal advice, and only provides general information.

Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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Equity, Stock Options, RSUs – The Basics

Equity, Stock Options, RSUs – The Basics

So, your employer granted you stock options, restricted share units (RSUs), phantom stock options or some other kind equity compensation. Great news, right? Or is it? Over the years, countless employees have confided in me that they aren’t exactly sure what they have received, what the value is, or how to realize the value. If this sounds familiar, read on!

Understand the Jargon 

Equity compensation comes with a vocabulary all its own – vesting, exercise price, tranches, stock options, restricted shares, phantom stock, equity plan, to name a few such terms.  What are vested options vs. unvested options? What is a stock option vs. stock?  A restricted share unit vs. a share? These words and concepts can be the difference between a big  dollar equity payout and zero. If you don’t know the jargon, it will be impossible to understand what you’ve been granted, so you need do some research.

Ask Questions 

All employees are entitled to understand their compensation packages. Unfortunately, when it comes to the daunting landscape of equity compensation, it can be hard to know what questions to ask, or even whom to ask. And when equity compensation is part of a new hire package, many are understandably reluctant to ask for details. As a starting point, ask questions of the company’s human resources department or the recruiter who hired you. If they can’t help you, find someone who can. Always ask for copies of documents that are referenced in the compensation letter such as the underlying stock option or equity “plan”, and the “standard equity grant agreement.” The small print really can make all the difference.

What Happens if You Leave the Company? 

Equity compensation is generally used as a retention tool, sometimes referred to as “golden handcuffs” to keep you with the company. This means that payouts may only happen if you stay for a long period of time, and have no value if you leave the company before a set date. For this reason, it’s important to know what happens to your equity compensation if you resign or your employment is terminated. For example, an ill-timed resignation may mean you lose your right to significant portions of your equity package. This underlines the importance of taking the time to ask questions at the outset to avoid nasty surprises down the road. If you are thinking of quitting or have been terminated, it’s a good idea to consult with an employment lawyer who has experience with equity compensation as there could be a lot at stake.

This blog is not intended to serve as legal advice, and only provides general information.

Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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Top 3 Reasons to Get Legal Advice

Is a career move on your resolutions list for 2017?

Here are the top 3 reasons why you should get legal advice before you accept an employment offer:

  1. You will understand what you are signing.  Even if the contract is truly non-negotiable (I will get to this later), it is so important to read and fully understand what you are signing.  The general rule is that you are stuck with what you have signed, and a judge will not accept "I didn't read it" or "I didn't understand it."  I can help translate the "legalese" to eliminate nasty surprises down the road.
     
  2. You may be agreeing to limitations that last longer than the job.  Many contracts include obligations that last well beyond termination of employment.  These can include significant restrictions on your ability to work for competitors, or to solicit customers.  Depending on the wording, these restrictions may or may not be legally enforceable, and it is best to get advice on this BEFORE you agree to them.
     
  3. You may be able to negotiate a better package.  Very few employees make any attempt to negotiate employment offers.  In my experience, a reasonable counter-offer, presented respectfully, can get results.  I can help by objectively assessing your negotiating position, developing a negotiating strategy and script, and coaching you through the negotiation.  Any increase you can get in your package will have compounding results, year after year of employment, and makes for great return on investment for your legal costs. 

I am looking forward to helping my employee clients reach their career and financial goals in 2017 by reviewing and negotiating employment offers.

This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts.

Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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