Outside Counsel Can Be the Right Choice, but Know When

January 9, 2019 | Rivkin Rounds Staff | Employer/Employee | Hospitals | Litigation

An article in Relias Media’s Healthcare Risk Management, “Outside Counsel Can Be the Right Choice, but Know When,” discussed when and why it might be appropriate for healthcare organizations to use outside counsel. Rivkin Radler’s Jeffrey Rust was quoted extensively in the article.

Jeff noted that it is especially important to retain outside counsel in response to a significant event, such as pending litigation or a major transaction. If the organization’s in-house counsel could be called as a witness in litigation, for example, there could be “a fine line between whether in-house counsel has been providing business advice as opposed to legal advice, leading to challenges of privilege,” he said. In a transaction that requires a substantial due diligence review or other investigation, in-house counsel might not have the resources to conduct the investigation as efficiently as a law firm could.

Jeff added that outside counsel is useful when dealing with a serious issue requiring the appearance of impartiality, including negotiating employment agreements with high-ranking physicians or hospital executives.

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