ABSTRACT

An administrator invariably will require the advice of an attorney at some point. An attorney can play a variety of roles, including but not limited to advisor, litigator, writer of contracts, reviewer of policies, and risk manager. Some, although not many, lawyers are comfortable in each of these roles. Most, however, because of training, experience, or temperament, prefer some of these roles to others. In addition, it is difficult as a practical matter to play each of these roles: An in-house counsel who advises management and treatment staff on day-to-day issues will be unlikely to have the time to handle a complex piece of litigation.