Thompson Coburn partner Tonya Oliver Rose was quoted in a Healthcare Risk Management article on when to know it’s time to call on legal counsel and best practices for handling the process.
Tonya said there are bright lines on calling your legal counsel, and that any time there is litigation or an indication of litigation, bring in legal counsel immediately. She added that if someone complains and says they have a lawyer, they are going to hire a lawyer, or they are going to sue you, pick up the phone right away. Organizations often have a process or a policy that applies to a particular situation and dictates when to involve legal counsel.
“Outside of those situations, I think most experienced risk managers develop a good sense and good judgment over time of what is routine and within their scope to kind of manage in their day to day, and what needs to be immediately escalated,” said Tonya. “You develop that over time, but for anyone who is new to their role, or even for experienced risk managers who are new to an organization or who are working with a new legal contact, it’s really better for everyone to err on the side of overcommunication.”
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