Old News is Still News for Health Law Lawyers

At the end of February, 2013, the American Bar Association (ABA) Health Law Section hosted its Annual meeting, called the EMI. There were wonderful programs, networking and exchanges of ideas, as well as camaraderie.

One lively line of conversation was how to change healthcare delivery cultures, and meet the need for realignment and collaborations. Underneath this subject is an older, persistent question: “How should lawyers help clients handle the now 4 year old mandate to develop and practice conflict competence?” The subject has been discussed at the ABA and the American Health Lawyers Association (AHLA) for some years now but recognizing the answers is taking time.

How healthcare lawyers handle conflict management requirements is potentially different from how we read, analyze and otherwise engage with clients around other healthcare regulations. We need to engage with clients somewhat differently to lead their shift to the practice of conflict management; to do this, lawyers will benefit from understanding certain dynamics of conflict itself and how to use certain conflict management/mediation skills.

This will continue to be discussed at ABA and AHLA programs, and we health lawyers need to focus time and attention on it.

Please see the material, “Let’s Get Together” and “Attorney Roles” posted under the EADRSolutions tab on the menu bar of this website for more specific information. 

Not Too Late and Other Programs News

• Training for health lawyers on how to handle conflict and coach healthcare clients to deal with it will take place Wednesday afternoon, February 20, in Miami Florida during the ABA's Emerging Health Issues Conference. Should be a great and important program. Deb Gerardi, Charity Scott and Jeanne Franklin are teaching. Check out the ABA Health Law Section website to register.
• A Virginia program on how lawyers and how mediators can better serve Veteran clients when trying to resolve their civil disputes was a success on January 26, 2013 during the Virginia Bar Association Annual Meeting. Good news: it will be offered again in June during the Virginia State Bar Association Annual Meeting. Request was also made for something like it to be offered to Virginia judges as well. The program focused on subtle cognitive deficits that persons injured with traumatic brain injury and PTSD may be suffering in silence. Mediators and lawyers need to be more aware, and can take concrete steps to optimize how a veteran participates in representing his/her interests. Bottom line: Hallway comments afterwards were that the lessons taught are applicable to much broader range of clientele. Think of employees and clients who might be suffering subtle cognitive diminishment due to a range of factors which add to the life of the dispute or questionable performance.
• On February 2, Jeanne Franklin served as a volunteer mediator during the George Mason University Law School Annual Advocacy in Mediation Competition. It is hopeful to observe law students practice problem solving and negotiation skills on behalf of clients. Kudos to the student participants, organizers and supporting faculty for pursuing such an important avenue. 

Thought for The Day - A Leadership Tip

Catherine the Great of Russia may not be one's choice of a leader to emulate. Nonetheless she overcame sizeable odds to become Empress of Russia. Over a long period of rule she was "successful' from the perspective of acquiring great wealth, territory and trade route access for her country.  Her biography by Robert K. Massie includes her own assessment of how to use power. According to Massie, a contemporary recorded that she said,

[It is not as easy as you think....my orders would not be carried out unless they were the kind of orders which could be carried out....I examine the circumstances, I take advice, I consult the enlightened part of the people, and in this way I find out what sort of effect my laws will have. And when I am already convinced in advance of good approval, then I issue my orders, and have the pleasure of observing what you call blind obedience....believe me, they will not obey blindly when orders are not adapted to the opinion of the people.] Catherine The Great as quoted on pages 573,573 of Catherine the Great, Portait of a Woman, Robert K. Massie, Random House 2011.

This entry is not intended to address and extol autocratic rule by CEOS, other organization leaders and persons in power. But a modern concept of effective leadership, later attributed to FDR, is not dissimilar from her insight recorded well over 200 years ago. FDR is reputed to have said, [I must find out where my people are going so I can lead them there.]

Food for thought as you seek to inspire and lead your people? Listen to and be in touch with their needs and concerns if you want them to perform as you need them to in order to achieve success.