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... See More
1 002 views
4 comments
Val Barschaw
3 months ago
Hello,
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
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
Question for Fellow Independent Advocates: How Long Do You Maintain Client Files?
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So Many Types of Patient Advocates, So Little Understanding of Why We All Matter
Hello, Colleagues, Spring is upon us, a time for new beginnings and growth. Patient advocacy is certainly growing (especially since I ventured into... See More
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Avrom Fox
3 months ago
Lisa, I fully agree with your perspective and appreciate you raising this important issue. As one of the “old-timers” in patient advocacy for over 12 years, I continue to work on a limited, highly selective basis, guided by an approach that prioritizes time, trust, and personal connection.
My core philosophy remains unchanged: to be a true champion for patients and their families as they navigate an increasingly complex healthcare system. Many who need advocacy simply cannot access it due to cost. For me, the greatest reward has always been human, not financial, and I do everything I can to work with Medicare clients and expand access for those who might otherwise go without support.
I also believe our services should not be excessive. I can not relate to fees of even 200.00 or more. At the same time, I respect advocates for whom this is their primary profession—they must charge fair, realistic, and justifiable rates.
I am encouraged that Umbra is helping create pathways for Medicare reimbursement. While modest, it represents an important step forward—one we should all support.
My core philosophy remains unchanged: to be a true champion for patients and their families as they navigate an increasingly complex healthcare system. Many who need advocacy simply cannot access it due to cost. For me, the greatest reward has always been human, not financial, and I do everything I can to work with Medicare clients and expand access for those who might otherwise go without support.
I also believe our services should not be excessive. I can not relate to fees of even 200.00 or more. At the same time, I respect advocates for whom this is their primary profession—they must charge fair, realistic, and justifiable rates.
I am encouraged that Umbra is helping create pathways for Medicare reimbursement. While modest, it represents an important step forward—one we should all support.
Jeff Byars
4 months ago
I agree Lisa, it's getting uglier indeed.
I had to Etch-a-Sketch my business model almost immediatly when I opened my independent advocacy practice. My LLC was formed in February 2020 and the world closed down in March due to Covid. But the changes I made allowed me to serve clients all over the USA remotely. Over the years my business has evolved. The unforseen changes I had to implement early, have benefited throughout the years. Being able to adapt to client's needs is something I continue with to this day.
I had to Etch-a-Sketch my business model almost immediatly when I opened my independent advocacy practice. My LLC was formed in February 2020 and the world closed down in March due to Covid. But the changes I made allowed me to serve clients all over the USA remotely. Over the years my business has evolved. The unforseen changes I had to implement early, have benefited throughout the years. Being able to adapt to client's needs is something I continue with to this day.
Leona Wells
4 months ago
Hi Lisa! Such a great post — thank you for sparking this conversation. When I built the documents and workflow for my practice, I found myself asking the same questions: Who is my patient population? What can I help with? Who are my partners?
The more I explored advocacy, the more I realized how broad our work truly is. We can support almost anyone, in so many different situations, and I worried that defining my services too narrowly might limit how clients see their own needs.
That’s why I offer a short, free consultation. It gives me space to ask questions clients may not think to ask, listen to their concerns, and highlight support they may not realize an advocate can provide. That brief conversation often brings clarity for both of us.
The more I explored advocacy, the more I realized how broad our work truly is. We can support almost anyone, in so many different situations, and I worried that defining my services too narrowly might limit how clients see their own needs.
That’s why I offer a short, free consultation. It gives me space to ask questions clients may not think to ask, listen to their concerns, and highlight support they may not realize an advocate can provide. That brief conversation often brings clarity for both of us.
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Val Barschaw
4 months ago
The first thing you would need to be able to answer is why that would benefit the law firm? If you can see a clear path how your service helps them — then you have a potential opportunity.
If you have a know someone who works at a law firm you want to approach, take them to coffee or lunch and ask what the firm needs most? Listen to what pain points they have that you can help fix and begin there.
Having worked in law firms, I tried to imagine what would happen if someone come into the office seeking referrals. The only thing I could envision is if you have a professional brochure of your services (you know the kind you can put in a little display) that you may be able to set that in a waiting room area where one of their clients may pick it up and reach out to you. But only after you have shown the firm — it will help the firm.
Many lawyers are hesitant to make referrals...period. (But they love receiving them.)
Not meaning to sound negative, but until you can show them how you can help them, there is little reason to have a relationship.
A good relationship will lead to good referrals. Best wishes.
If you have a know someone who works at a law firm you want to approach, take them to coffee or lunch and ask what the firm needs most? Listen to what pain points they have that you can help fix and begin there.
Having worked in law firms, I tried to imagine what would happen if someone come into the office seeking referrals. The only thing I could envision is if you have a professional brochure of your services (you know the kind you can put in a little display) that you may be able to set that in a waiting room area where one of their clients may pick it up and reach out to you. But only after you have shown the firm — it will help the firm.
Many lawyers are hesitant to make referrals...period. (But they love receiving them.)
Not meaning to sound negative, but until you can show them how you can help them, there is little reason to have a relationship.
A good relationship will lead to good referrals. Best wishes.
AnnMarie Cross
4 months ago
Andrew, this is a GREAT question! I'm hoping our members will jump in and share some insights.
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Val Barschaw
4 months ago
Thanks for generously sharing a free article. Although I do not plan to sit for the exam, I appreciate all your hard work. Best wishes.
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Morgan Kelley
5 months ago
Thanks for sharing!
I do this part time, about 10 hours a week for context. My business is 3.5 years old. My clients mainly find me through GNA and word of mouth/referrals.
I offer a free inital consultation to make sure it's a good fit for everyone. There have been a few times where the free consut doesn't lead anywhere for me, and that's okay.
I do know some folks have built referral channels through building relationships with proivders direclty, or through marketing to care facilities.
I do this part time, about 10 hours a week for context. My business is 3.5 years old. My clients mainly find me through GNA and word of mouth/referrals.
I offer a free inital consultation to make sure it's a good fit for everyone. There have been a few times where the free consut doesn't lead anywhere for me, and that's okay.
I do know some folks have built referral channels through building relationships with proivders direclty, or through marketing to care facilities.
AnnMarie Cross
6 months ago
THANK YOU @sylvia reisman, for such a GREAT dynamic question.
As we move from 'pre-launch' to really driving traffic to the site, I so hope you get a TON of response. I'm certainly eager to see it.
As we move from 'pre-launch' to really driving traffic to the site, I so hope you get a TON of response. I'm certainly eager to see it.
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Victoria Killian
7 months ago
I’m a sole proprietor and chose that because LLC is a tax basis and not an adequate liability shield. Just testing here!
Melina Oien
7 months ago
First, thanks for helping to test PA360 for us!
I opened an LLC. Although I am not actively building out my client list, as most of my time is spent working for GNA, but I often have kept a small client list.
The best resources along the way have been fellow advocates, who generously have shared their «what worked for me, what didn't»s, encouraged me to keep going and not be intimidated by the business aspect of ..well, running a business, and who willingly have shared their professional expertise when a case felt too big, or perhaps had an aspect I wasn't as comfortable with as the rest of the case. It gave me lived experiences that showed me just how invaluable having a community of advocate colleagues can be.
I opened an LLC. Although I am not actively building out my client list, as most of my time is spent working for GNA, but I often have kept a small client list.
The best resources along the way have been fellow advocates, who generously have shared their «what worked for me, what didn't»s, encouraged me to keep going and not be intimidated by the business aspect of ..well, running a business, and who willingly have shared their professional expertise when a case felt too big, or perhaps had an aspect I wasn't as comfortable with as the rest of the case. It gave me lived experiences that showed me just how invaluable having a community of advocate colleagues can be.
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AnnMarie Cross
7 months ago
Leah,
Thank you so much for sharing this incredibly compelling story. I'm so very sorry for that patient; I can imagine that terror she was feeling, and am heartbroken for her.
Thank you so much for the work that you do in the county hospital.
Thinking of you, and that patient, today,
AnnMarie
Thank you so much for sharing this incredibly compelling story. I'm so very sorry for that patient; I can imagine that terror she was feeling, and am heartbroken for her.
Thank you so much for the work that you do in the county hospital.
Thinking of you, and that patient, today,
AnnMarie
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