Do I need a HR Consultant or a Lawyer?

Hi Bare Bones Consulting, our small business is really starting to take off. I’m not sure if I need a HR consultant or a lawyer to help as we grow. Any advice?

Thanks for getting in touch and it’s great to read your business is growing. Congratulations!

The most accurate answer is going to depend on what you actually need. For the purposes of today’s response, let’s compare what a HR consultant and a lawyer typically do and from there, you can make the decision what (or who) might be better positioned to help you in the next phase of your business growth.

A lawyer provides advice, representation, and advocacy to individuals, businesses, or organisations on legal matters. Lawyers can specialise in specific practice areas or work as general practitioners, depending on their expertise and interests. Specific practice areas can include civil litigation, criminal defence, corporate law, personal injury law, family law, real estate law, and employment law.

Employment lawyers provide legal assistance in all aspects of the employer-employee relationship. They offer representation and advice on a wide range of matters, including:

• advising on labour laws and regulations
• drafting and negotiating employment contracts
• representing clients in litigation and disputes
• handling cases of workplace harassment, discrimination, bullying, and wages underpayments

If you’re considering using a lawyer for matters around employment, I’d suggest you consider a lawyer who specialises in employment law. Whether this specialist is titled “employment lawyer”, “workplace relations lawyer”, or “industrial relations lawyer”, they all operate in relatively the same space.

Queensland Law Society maintains records of all current legal practitioners in Queensland.

In contrast to an employment lawyer, a HR consultant with genuine HR Manager-level experience will have managed the function that includes everything to do with the “people side” of the business. This includes employees, management and third parties such as employer associations and unions.

A HR consultant can provide advice around:

• employment documentation
• workforce planning and recruitment
• training and professional development
• managing employee performance
• employee relations: the building of positive relationships and interactions among employers and employees.
• Industrial relations: the management of obligations and entitlements between employers and workers
• compensation and benefits

While there is some crossover in what an employment lawyer and HR consultant might do, the lawyer typically works in a narrower and more specialised field. Lawyers are trained in the law and have a deep understanding of legal principles, procedures, and regulations. It would be unrealistic to assume the typical HR Consultant, no matter how long they’ve worked in HR, would have the same level of training and expertise in legal matters.

A HR consultant (and again, I use the example of a consultant with genuine HR management-level experience) typically possesses tertiary qualifications in Human Resources plus experience in working in each sector of HR. Such consultants possess a working knowledge of how HR works within the wider context of a business and what you should prioritise to ensure you set up the right HR function for your business.

So which should you choose? Be cautious of any employment lawyer or HR consultant who claims they can “do everything” for your business. If you have a legal matter to address – either existing or as a possibility – go with the employment lawyer. If you’re seeking support on general HR matters for your business, expecting the typical employment lawyer to have hands-on experience working in recruitment, workforce planning, performance management  or employee relations is probably unrealistic so the HR Consultant might be the better option.

Most legal firms and HR consultants offer a complimentary first consultation. Take advantage of this and go in prepared: check their Google reviews, define what you’re seeking, find out if they have experience working with businesses in your industry, ask who they intend to allocate to work with you (super important!), obtain full information how you will be charged and finally…don’t be shy to ask as many questions as you feel necessary. Don’t scrimp on your due diligence: you should be confident the person helping you with your most important asset – your people –  knows what they’re doing. Good luck!