
Highlights
- HR consulting firms and law firms have different functions, but their work often intersects when employee issues involve legal considerations.
- Attorneys provide legal guidance, while human resources professionals help determine how recommendations will work in practice.
- Knowing when a matter requires legal counsel is an important part of responsible HR consulting.
- Clearly defined roles allow both professionals to contribute while keeping the client’s needs at the center.
HR consulting firms work with law firms when employee issues involve both practical concerns and legal considerations.
While their responsibilities are different, the two can complement each other in ways that help employers make informed decisions and put those decisions into practice.
The distinction matters. An attorney interprets the law and advises clients about obligations and risk. A human resources consultant deals with the people side of those decisions and how they will function day to day.
Understanding how those responsibilities intersect and how they differ can lead to a more effective working relationship. Here are five ways HR consultants and attorneys can work together when people issues get complicated.
1. HR professionals and attorneys bring different skills to the table.
Many employee issues aren’t strictly a legal matter or strictly a human resources matter. A company may need to know what the law requires while also determining how to address the situation with employees, managers, policies, or internal procedures.
That’s where the two disciplines complement each other. An attorney advises an employer about its legal obligations and potential exposure. An HR consultant helps determine how the recommended course of action will affect the people involved and how it can be implemented effectively. (Source: The HR Manager, HR Consultant vs. Employment Attorney; What’s The Difference?)
Consider an employee policy, for example. The HR Team might develop or revise it based on the company’s needs and day-to-day operations, while counsel reviews any legal requirements or potential risks. The result addresses both compliance and practical application.
2. Good HR consultants know when it’s time to involve an attorney.
Knowing your role also means knowing its limits.
Human resources consultants shouldn’t provide legal advice or suggest that their services can replace an attorney when legal counsel is warranted. In fact, recognizing when a situation has crossed into legal territory is part of providing responsible client guidance.
That might mean recommending that an employer speak with counsel before taking action or bringing an attorney into an existing matter when new concerns emerge.
The HR Team regularly encounters situations in which the line between employee relations and legal considerations needs to be recognized. We stay focused on the areas we know best and work with counsel when a matter requires their involvement.
This approach doesn’t diminish the consultant’s role. It makes the relationship between the two professionals more useful to the client.
3. The need for both disciplines is especially apparent when the stakes are high.
A complaint involving possible discrimination may raise questions about how the employer responds to the employee as well as its obligations under the law. A difficult termination might involve performance or conduct concerns along with potential legal exposure. A policy change may seem straightforward until questions about compliance arise.
In situations like these, separating the practical issues from the legal ones isn’t always realistic. What matters is making sure the right person is addressing each part of the problem.
4. Workplace investigations demonstrate how the relationship can work.
An investigation is one example of how the functions of attorneys and HR consultants can come together without becoming interchangeable.
An experienced consultant can gather facts, interview the people involved, document findings, and help the employer determine appropriate next steps. Having a non-attorney conduct employee interviews is critical to the process. People tend to feel more comfortable speaking openly with an HR professional, which helps the investigator develop a fuller understanding of what happened. Counsel can provide legal guidance and become more directly involved when the circumstances require it.
The structure will vary depending on the situation. What remains important is establishing responsibilities from the beginning so the client knows who is handling what.
The HR Team works with law firms on independent workplace investigations while respecting the attorney’s role as legal counsel.
5. The relationship can continue after the immediate issue is resolved.
Resolving one employee matter often leads to a broader question: What should the company do differently going forward?
A complaint may expose a weakness in a policy. A difficult employee-relations issue may show that managers need better guidance. Changes within a company can raise new questions about how existing practices should be applied.
Addressing those underlying issues may require changes to internal practices, additional guidance for managers, or input from legal counsel. The right next step depends on what the situation reveals.
When HR consulting firms work with law firms, understanding where each role begins and ends can make the relationship more valuable to the client. For The HR Team, it means knowing when to provide practical guidance and when a situation calls for attorney involvement.
FAQs
1. How are the functions of an HR consultant and an employment attorney different?
An HR consultant provides practical guidance on employee relations, policies, management practices, and other people-related concerns. An employment attorney provides legal advice, interprets employment laws, and advises clients about legal obligations and risk.
2. When might a company need both an HR consultant and an attorney?
Both may be valuable when an employee issue has practical and legal implications. Complaints involving possible discrimination, difficult terminations, investigations, and policies involving legal requirements are examples.
3. How do they work together?
The relationship depends on the situation. Consultants may address employee-relations and implementation issues while attorneys provide legal guidance and oversight where needed. Defining those responsibilities early helps both parties stay focused on their respective roles.
4. Do HR consultants assist with workplace investigations?
Yes. An experienced consultant can conduct interviews, review information, document findings, and support appropriate follow-up while coordinating with counsel when legal guidance is required.
5. Can an HR consultant give legal advice?
No. HR consultants are not a substitute for an attorney and shouldn’t provide legal advice. A responsible consultant recognizes when a client needs counsel and helps ensure the appropriate professional is involved.
Complicated employee issues don’t always fit neatly into one professional lane. The HR Team, a Ravix Group company, knows when practical human resources guidance is called for and when an attorney belongs in the conversation. Let’s talk about how we can work with your legal counsel when employee issues get complicated.
About The HR Team, a Ravix Group company: Founded in 1996, The HR Team is a Maryland-based human resources outsourcing firm committed to developing strategic, customized solutions that respond to the unique needs and cultures of organizations of all types and sizes. Available as a one-source alternative to an in-house HR department or on an à la carte project basis, the company’s flexible service models address the full spectrum of HR needs that many organizations struggle to address. The HR Team helps clients achieve their highest level of success by providing value-driven human resources services that leave them time to focus on what they do best: directing business growth and profitability. Headquartered in Columbia, Maryland, the firm serves all of Maryland, Washington, DC, and Virginia. To learn more about The HR Team, call 410.381.9700 or visit https://www.thehrteam.com/.