Finding an Attorney for Your Mental Health Practice

Consultation with an attorney is activity that most mental health clinicians engage in on an infrequent basis. As a general matter, mental health practice is a profession that sees a relatively low number of lawsuits. In addition, many clinicians have the option of consulting with an attorney provided by their professional liability carrier (see the previous article on this topic) should the need arise for a consultation regarding professional negligence or the prospect of administrative action. Yet, there are many instances when clinicians feel compelled to consult with an attorney of their own. There are many reasons why clinicians choose to hire a private attorney, the most common reasons being:

* The matter concerns an issue that is unrelated to professional liability and other insurance-related matters (and thus is outside the scope of the consultations provided by the professional liability carrier’s attorney).

* The clinician desires an opinion from an attorney whose attorney-client relationship is solely with the clinician.

* The matter is related to the particulars of running a small business such as contracts, leases (and subleases), business structures, employer-employee relationships, etc.

* The matter requires the direct intervention of an attorney on behalf of a client, such as a response to a subpoena, request for deposition, or other litigation-related issues.

* A second opinion is desired.

In fact, most clinicians in private or small-group practice will retain the services of an independent attorney for one of the above (or another) reasons a few times throughout the course of their careers. This isn’t unlike any other small business that from time-to-time needs an attorney. It is an expected cost of doing business.

Like most professionals, mental health clinicians have legal questions that often arise in the context of their professional activities. Because of this the questions and corresponding answers assume this situational familiarity. Many clinicians (myself included before I became an attorney) find themselves educating their attorney about their professional activities and responsibilities before asking the legal question.

To avoid the situation where they have to educate their attorney before asking their legal question, many clinicians prefer to work with attorneys who have an understanding of both fields. This often results in faster (and thus less expensive) advice. In addition, this often results in advice that is more accurate and clinically informed. Like questions about mental health practice, there are often several “correct” answersto legal questions, though some may be more correct depending on the situation. It helps to speak to someone with the situational awareness.

Not every locale has a selection of professionals with expertise in mental health and law, and those that are out there can be difficult to find. Here are some suggestions for finding the right attorney:

* Ask colleagues if they have consulted with a private attorney, and if so, if the attorney understood mental health practice or had to be “educated.”
* Look for attorneys who give law and ethics courses to mental health professionals. Often these speakers have practices that focus on similar issues.
* Look for attorneys with a dual degree in a related discipline.
* There are a great many more lawyers that serve physicians and dentists, and attorneys with those practice specialties can often make a switch to advising mental health clinicians due to some of the similarities.
* Local professional associations often have consulted with an attorney or know of some who have solicited business from the association.

Of course, it is critical that the attorney is admitted to practice law in the same state as the mental health clinician. However, this doesn’t mean that the attorney has to be within driving distance or even accomplished in-person. Much of the time the work can be done over the phone, via the internet, fax, or mail. The important thing is that the attorney is admitted to practice in the same state.

Most importantly, don’t panic. Finding a lawyer for your practice isn’t any different than locating an accountant, bookkeeper, or billing service: it’s okay to interview several people to find the right match, it’s okay to ask blunt questions about experience and rates, and it’s always best to find someone before an emergency.

(Of course, if you are in need of an attorney feel free to contact me and I’ll see what I can do. I occasionally make referrals to lawyers with similar backgrounds in states other than California.)

IMPORTANT: This website is for basic information only. Nothing in this website should be construed to be formal legal advice, nor does it create an attorney-client relationship. Please see the “Important Information” page at the top of the screen.