Look for rapport, access when choosing counsel
Look for rapport, access when choosing counsel
Risk managers spend a lot of time working with outside counsel, so choosing the right attorneys to handle your organization's legal matters can have a major impact on your department's success. But how do you go about choosing the right counsel?
One key point to keep in mind is that you're selecting people you want to work with, not just a set of credentials for the law firm, says John Metcalfe, JD, vice president of risk management services at Memorial Health Services in Long Beach, CA.
"I deal with people, not law firms, so when I recommend putting someone on our panel of lawyers, I will name the lawyer but not necessarily the law firm," he says. "I try to do business by dealing with a lawyer I like working with, not an entire law firm."
Experience is always an asset when choosing an attorney, but Metcalfe points out that there is nothing wrong with choosing a younger attorney with a solid start and a promising future. A young lawyer with more experience in health care litigation, especially big wins, or one with experience in a particular area that is useful to you could be a good bet, Metcalfe explains. One benefit of selecting a younger lawyer is that you nurture a long relationship and reap the benefits as that person becomes more seasoned and experienced, he says.
Metcalfe notes that to entice the best defense counsel and ensure the relationship continues, you must be willing to send them enough business to make it worth their while. At Memorial Health Services, Metcalfe has put together a five-lawyer panel from five law firms, and he makes sure that each one gets some business.
"I give one of those lawyers about 30% of the business, and then I divide the remainder of the business among the other four," he explains. "The one who receives 30% is a little more visible than the others and sits on some hospital boards. It's OK to favor one more than the others as long as you have enough business to keep them all satisfied."
Metcalfe also bases his decisions on the associates at the firm who will do some of the work. He makes it clear when choosing an attorney that he will need to approve the associate designated for the work and that he must approve that person's work.
"I want to make sure that the majority of my work is going to be done by the lawyer I hire and not handed off to an associate," he says. "That can be a real danger, especially if you don't have enough rapport with the lawyer and don't communicate clearly and often. You don't want to find out when it's too late that your important case was handled by an associate with far less experience than the lawyer you thought was doing the job."
The lawyer you choose should be willing to act as a resource for you and other hospital leaders, not just a hired gun for specific legal matters, suggests Dwight Scott, JD, an attorney with the law firm of McGlinchey Stafford in Houston.
"If you look at legal counsel as just someone to go to when things go bad, you're missing the opportunity to get a lot more out of that relationship," he says. "I'd advise risk managers to look for a lawyer who is willing to be a resource you can call on to help you navigate through legal and regulatory issues before anything bad happens."
Andria Lure Ryan, JD, a partner with the law firm of Fisher & Phillips in Atlanta, advises risk managers to select counsel who can handle more than just one narrow area of health care legal concerns. Though it is beneficial to have lawyers on call who are highly experienced in one area, such as medical malpractice defense, Ryan says it also can be good to have other counsel who are experienced more broadly in health care issues.
"It is not uncommon for one incident to lead to a number of different concerns for the risk manager, maybe a malpractice suit from the patient, regulatory issues, and employment issues from the employee you fired," she explains. "As outside counsel, we often have to dig around for information about peripheral cases, so it can be to your advantage to have counsel that is knowledgeable about all those issues and willing to address them all."
Seven questions to ask when choosing a lawyer
John Metcalfe, JD, vice president of risk management services at Memorial Health Services in Long Beach, CA, suggests asking these questions when selecting a lawyer to work with your organization:
1. Does the lawyer have a personality that meshes with your own? There is no science to this, Metcalfe says, but remember that you may be working quite closely with this person on important, stressful matters. If your personalities or work styles clash, you're only asking for trouble.
2. Is the lawyer willing and able to work within your litigation management guidelines? There's no point in choosing a lawyer who is experienced and highly skilled if he or she won't abide by the guidelines you must follow when settling or litigating cases.
3. Is the lawyer accessible? Don't fall into the trap of choosing an extremely qualified lawyer who is so busy that you can't ever have a phone conversation or a meeting. All the talent in the world is no good if you can't talk to the lawyer when you have a question.
4. Does the lawyer understand your organization's needs? Does he or she express an interest in hearing more about your organization and your particular needs, or are you seen as just another client? It is far better for the lawyer to be familiar with your organization before handling the first case, instead of trying to play catch-up later.
5. Is the lawyer experienced in health care and particularly in the area in which you need help? Not all lawyers are the same. Even the best in one field may not be adequate in another, so look for lawyers — not just law firms — who have experience in medical malpractice, workers' compensation, credentialing, or whatever area you're seeking help with.
6. What results has the lawyer obtained for other hospitals? Results are important. Ask for specific examples of how the lawyer has helped other health care providers in the same area in which you ask him or her to work.
7. What are the lawyer's professional credentials? Look for membership in legal organizations that suggest the lawyer has achieved a certain degree of success in the field.
Risk managers spend a lot of time working with outside counsel, so choosing the right attorneys to handle your organization's legal matters can have a major impact on your department's success. But how do you go about choosing the right counsel?Subscribe Now for Access
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