How do you retain a lawyer officially?
Know of any websites you can refer me to about how one goes about retaining an attorney's service?
I ask because my brother is a bit concerned about and needs some reassurance that talking to/exploring w/ attys. via phone the possibility of a med mal case for our mother does not actually allow the attys I have consulted with (never met with any) via phone to initiate a case/investigation.
An atty cannot 'investigate' (i.e., call the hospital in question and start asking questions of staff) a case unless we have authorized him/her to represent us via a signed contract/agreement/retainer etc. right?
I would think between that reality and HIPPA laws we would be fine on that front, and that no atty could go 'behind our backs' and kick start a hospital investigation w/our prior approval..
you pay them a retaner fee. so i think your safe
read law book
Answers:
When you consult with the lawyer, it creates privilege between the two parties, but it does not make you the lawyer's client.
Any reputable lawyer should provide you with a letter or statement of what they're going to do, in writing, before they start any work. They will need your mother's (or whoever is acting on her behalf's) permission to obtain records. If they try to act on your behalf before you've retained them, you'd have a case for attorney malpractice, too.
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