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
503 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.
Remember that not just conversations are a question for a deposition. It is customary to ask for your observations too.
Hope this helps to explain the process a bit more. Bottom-line is that an attorney is the best person to help.
Have a great day.