Hi Denise Amy and other Lactnetters
Been put on the spot here!!
I would not want to be seen as giving a well considered legal opinion here,
but off the top of my head, I am pretty sure this issue of telephone helping
establishing a professional relationship is dealt with in the Core
Curriculum and for La Leche League Leaders in the Leaders Handbook.
Unfortunately I do not have my references here with me in Australia, but
from a basic legal point of view in this country, providing advice over the
phone after you have been approached for that advice in a professional
capacity, whether or not you choose to take the client on, establishes a
relationship that is considered professional from a legal standpoint. You
have a duty of care and can be held negligent if your advice falls short of
that duty. As Karen Clements correctly points out, contemporaneous
note-taking of the details of such a conversation is necessary to avoid
leaving oneself exposed to any legal entanglements. It would be difficult in
Australia to establish such a telephone relationship as a contractual one
without consideration (payment) exchanging hands.

This is not to say not to give advice over the phone, but to be clear in
what capacity this is occurring.
I would be happy to hear anyone's thoughts about this situation as it
applies in other countries too.

Iona Macnab IBCLC LLLL and LLB in an earlier life
usually Tokyo, currently Melbourne, Australia

PS See you in Melbourne at your seminar next month Denise!
.
> Just a note to Amy ... you may be refusing to see a person, but by giving
> advice over the phone (you mentioned something about this in women you
> weren't intending to take on) you have actually legally accepted a
> professional relationship with the woman - and doing a phone assessment
and
> giving even minimal advice is pretty scary.  Perhaps some of our legal
> people could comment here.  Iona - is this true in Australia.  Billie Jean
> what's your comment re the US situation?  Anyone else?
>
> Cheers
> Denise
>
> Denise Fisher
> mailto:[log in to unmask]
> http://www.health-e-learning.com

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