Advice
General advice: Problem solving and case assessment
Very commonly we are called upon to provide strategic advice for our clients. We provide situational analysis, practical advice and appropriate strategies.
Because MAX LEGAL has for many years been a leading employment law practice, representing hundreds and hundreds of clients in unlawful termination, discrimination and unfair dismissal cases, we have gained extraordinary insight into why disputes occur, and how they might have been resolved sooner.
Employment law is often about organisational politics, people and personalities, and the "law" part gets pushed aside. We look for practical solutions to complex workplace issues, and this is underpinned by our understanding of organisational and management behaviours, dysfunctional individuals and toxic workplaces.
A very common request we receive is for assessment of a case; "How much will it cost to run? What are the best case and worst case outcomes?" This type of risk assessment is one of the most valuable services that lawyers can provide.
We provide legal advice in a practical and life context, and point out common pitfalls.
Most case assessments can be done within the minimum fee timelines shown below, but on some occasions research or referral to a barrister is recommended.
Feel free to contact us, even if you're not sure we can help. Go to the Enquire Now page to get started.
Need advice? Urgently?
Proper advice is invaluable at times of crisis - we deal with crisis employment situations daily. On numerous occasions we have saved our clients thousands of dollars and more. We have helped them cope with a very stressful time, and we have helped others save or regain their jobs.
We are very up-front about our fee arrangements so you know how much proper legal advice is going to cost.
Fixed-fee advice
We offer a special fixed-fee advice service, including urgent telephone advice.
After you have completed the online enquiry form, we will let you know whether you need to fax or email any of your documents to us - we can generally respond very quickly.
This service is very useful when:
- You are asked to sign documents - for example, you may have been offered a redundancy payout.
- You have started a case - for example at Fair Work Australia - and you are worried about what to do at conciliation, or how to negotiate. We can advise you about all your options, risks and benefits; all the questions you really need to have properly answered.
- You are asked to attend a meeting with management - maybe "investigation" or "discipline" is mentioned.
- You need support making an important decision about your employment - especially if you're "stressed out" or under pressure.
- You feel your employment is at risk for some reason. For example, allegations may have been made against you.
- You are being pressured to resign.
Bad decisions made in times of crisis can cost you your job, your career, and/or many thousands of dollars, so it is worthwhile investing in proper advice. Fees apply as below.
Fixed-fee advice is one of our most popular services, and it's easy to see why. Our terms include:
- Telephone consultation/advice with a lawyer (normally with Terry McHugh, lawyer and author of How to Beat Your Boss): $330.00 flat fee (incl. GST). Up to one hour maximum lawyer's time including perusal of your documents. No extra charge for handling up to 20-30 pages of faxed or emailed documents. (Available Australia wide – but keep in mind we are Victorian-based and probably won’t be able to represent you if you want to start a legal case). Telephone consultation can be done after hours or on weekends by prior arrangement.
- Face-to-face consultation/advice with a lawyer (normally with Terry McHugh, lawyer and author of How to Beat Your Boss): $440.00 flat fee (incl. GST). Up to one hour maximum lawyer's time including perusal of your documents. Face-to-face consultations occur at our city office or other agreed venue - even on weekends by prior arrangement.
- Appointments are subject to lawyer's availability. We will offer you a mutually convenient time before confirming your agreement. A complimentary copy of Terry's book is provided to all fee-paying advice clients.
Occasionally we will recommend referral of your initial inquiry to a specialist barrister who will discuss your case directly with you and provide an expert opinion on your matter. We have a streamlined special process to get your consultation underway quickly while keeping your costs to a minimum (normally fixed at $750.00 total for this service).
Our rates are very competitive and you will find that most city law firms now charge much higher hourly rates PLUS EXTRAS. And remember, we are experts in our field - all we do is employment law.
To take advantage of these fixed fee arrangements, you will need to submit an online enquiry, and be prepared to provide a valid credit card number before your appointment is confirmed.
Sometimes our “fixed fee advice” clients are offered full or partial “no win no charge” arrangements to pursue their legal case.
WARNING: unqualified "advisers" and "advocacy organisations"
We have seen an increasing number of cases where unqualified "agents," "advocates" or “advocacy organisations” take on cases for people and leave them high and dry when things go off the rails. Because they are not legally trained, they are unaware of many legal options - and legal risks to you - and cannot represent you in most courts. They can therefore steer you into a completely wrong process; one that is for their benefit and not yours.
Even if they do manage to get a payout for you, they can demand a
percentage of the payout; in Australia it is
totally illegal for any
lawyer to take a percentage of your payout.
Governments have done little to stop the growth of these unregulated types who exploit loopholes by heavy internet advertising. This problem is even worse with the Fair Work Australia system. Imagine being ripped off by an unqualified agent and having nobody to complain to! That is what has happened in numerous cases.
Only a properly qualified and registered lawyer is
allowed to give legal advice. It is a serious offence for an
unqualified person to give legal advice. You should report any unqualified
person who misleads you into believing they can give legal advice to
your State's Law Institute of Law Society.
Questions to consider before choosing someone to represent you.
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What if the representative mishandles my case?
-
Or just forgets about it?
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Or takes my money and disappears?
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Or tells me half way through that my case is too hard; or that
he can’t go to a proper court if needed?
- Or doesn’t call me back or tell me what is happening with my case?
- What if my employer (or ex-employer) threatens to sue me?
If you have a registered lawyer handling your case, you have peace
of mind because:
-
Lawyers must know the relevant law and have regular professional
skills training.
-
- Lawyers must give you regular case reports.
- Lawyers are fully regulated by law and subject to a Code of Professional Conduct and strict discipline.
-
There is a free, fully independent government controlled scheme
to handle complaints about lawyers (see the Legal Services
Commissioner website -
http://www.lsc.vic.gov.au/) With non-lawyer representatives
and other unqualified agents, you could be left for dead with no
money, no insurance, and no complaints process or insurance.
Even if you don't choose
MAX LEGAL, be smart
and choose a member of the Law Institute of Victoria or the Law
Society in your State.
Complaints? We have the perfect record
If any clients express dissatisfaction to us, we will fix any
problem, and fast.
Every law firm receives formal complaints from time to time. At MAX
LEGAL it happens very rarely; only once every three years on
average.
But of those very few complaints, not one has ever been upheld by
the relevant governing body, right from the very first day MAX
LEGAL commenced practice in April 2000.
So yes, we have the perfect record which we aim to keep by looking
after all our
clients.
If you choose another firm, you might like to ask them how many
complaints they have received
Confidentiality and privacy guaranteed
Your confidentiality and privacy are guaranteed by law from the first moment you consult us – or any practising lawyer.
Forced to resign?
If you are under pressure at work, do not resign unless you have first obtained proper legal advice. Resigning can cost you some valuable legal rights, even if you feel you were forced to resign.)
If you have already resigned under pressure, you should seek advice urgently from us or another qualified legal practitioner.
We don't just do court cases...
Sure, we do the “legal stuff” if and when it’s needed—and we do it well. But if at all possible, we’ll find more creative and cost-effective solutions to workplace relations problems.
Many of our cases are settled by negotiation . . . without having to go to Court. However, if it becomes necessary, we have experience in all of the Courts and Tribunals that deal with employment issues, and we can therefore help you make the right choice.
Cases we have won include unfair and unlawful dismissals; sexual harassment; gender discrimination; pregnancy discrimination; race discrimination; illness or injury discrimination; workplace bullying; and executive contract disputes.
Our clients have been impressed with our quick response times, and our full understanding of complex, yet very sensitive employment problems. We receive many complimentary letters and comments about the quality legal service and support we provide for our clients.
Site Visits
We can visit you or attend meetings at your workplace, home, or another venue if necessary, in most Melbourne metropolitan areas, through Bayside and Frankston.
Regional Areas - servicing all of Victoria
We can now service clients anywhere in Victoria through email,, phone and fax. Fair Work Australia conciliation conferences can in most cases be done from the comfort of you own home.
We have settled many cases for clients without them ever having to travel to Melbourne!