Legal protections on privacy? How to shield clients?
Hi all,
I'm hoping someone has run into a situation like this before or has enough of a legal background to give me some guidance.
I have a prospective client who's only hang-up to working together is that they may be deposed in the near future (corporate stuff). They already have investigator-types digging through their life, and they are worried that working with me might open them up to risk since private advocacy work is not shielded by HIPAA. (not a covered entity)
They don't want me to get deposed — and I don't want that either — but I'm not sure either how likely that is or how I can protect the privacy of the relationship if that is at risk.
Any thoughts or guidance? Have you run into a similar situation?
Lauren
167 views
First allow me to preface that I am not giving legal advice — that is for attorneys only. But I have a healthy background in the legal system and my belief is that you can be deposed...period. You do not have doctor/patient protection, clergy/congregant protection or attorney/client protection.
Here's what I would do, if it were me and I truly believed the client and I are a good fit: Find a good attorney to represent you (not your prospective client) and ask them to advise you if a «Non-Disclosure Agreement» (NDA) could be executed between you and the prospective client such that you would have the ability to refuse to answer any questions posed in a deposition based on the NDA. You would still have to appear if you get a subpoena (and they «should» provide a stipend for your trouble if you have to travel over a certain number of miles...at least that's the case in my State).
So, bottom-line is — ask an attorney and go from there.
Best wishes. Let me know how this turns out for your.
Val Barschaw
Author/Speaker/Advocate… and former Superior Court Clerk
I'll mention it to the potential client and see if they want to wait for/potentially risk the NDA process before I pay for a lawyer's time. I think you're right, too, that there is a risk of me being called to court. (I already have a travel rate written into my service agreement, too.) The other thoughts I had were
1. Maybe the client can just not tell me anything too sensitive so I wouldn't be able to answer anything in court, or
2. I could talk only to the spouse instead of the «real client» and provide coaching on how to be a stellar care partner. I think they should be protected by marriage?
It might just be that this client will have to wait until after court matters are resolved to hire an advocate too.