Frequently Asked Questions
Fractional Legal Counsel
What's included - and what's not in Fractional Legal Counsel subscriptions
In addition to those services identified within each subscription, FLC includes:
- Day-to-day general counsel: contracts, policies, compliance guidance, vendor/staff/patient issues
- Risk assessments, document review/redlining, and negotiation support
- Leadership advisement and decision support for business operations
- Scheduled legal "stand-ups" and quarterly risk reviews
- Coordination with accountants, HR, and other advisors when needed
What's Not Included (but supported via escalation/referral):
- Litigation representation and contested proceedings
- Specialized regulatory matters outside our primary focus areas
- Legal services outside licensed jurisdictions (see jurisdicition FAQ below)
How does pricing and commitment work?
Subscriptions are invoiced at a flat monthly rate, aligned to your company's size and complexity, and billed against per hourly attorney/staff rate.
Our commitment is:
- Predictable billing (no surprise invoices for covered work in-scope)
- Minimum term of 2 months - applies to ensure continuity and ROI
Renewals:
Your FLC legal subscription automatically renews on a monthly basis until you cancel.
Cancellation Policy:
Due to the nature of our operations, we request that you give us 10 day's notice of your desire to cancel your legal subscription.
Refund Policy:
We do not issue refunds for services rendered. But if unused funds are in your retainer upon your proper notice of cancellation, you may request those unused funds.
How will we collaborate day-to-day?
Your healthcare organization's leadership will work directly with your assigned attorney, along with coordination support as needed. We integrate with your leadership rhythm through a secure client portal for documents, communication and requests.
How would my legal team get up to speed about my healthcare organization without disrupting operations?
At Hairston Law, we work through a process that allows us to map out stakeholders; identify high-frequency decisions; and audit and catalog key contracts/policies to build a risk snapshot. Then we use that snapshot to determine and prioritize legal tasks in need of addressing.
How is value measured over time in a way we can understand?
We track a simple outcomes scorecard identifying
- contract cycle time
- dispute trends and resolutions
- closed compliance tasks
- audit findings addressed, and
- other issues avoided.
Leadership will receive quarterly executive briefings explaining the details of the outcomes scorecard.
If my healthcare agency is sued or would like to sue another person or entity, would HL represent me?
Yes! Litigation services are only available to our Fractional Legal Counsel subscription members.
Please note: a separate fee agreement and retainer is required for litigation services.
Document Audit
What documents do HL commonly review?
- Contracts: vendor / supplier agreements, employment /contractor agreements, leases, NDAs, service agreements, SaaS MSAs, telehealth vendor terms, and BAAs.
- Policies & procedures: employment handbooks, Standard Operating Procedures, compliance policies (including AI usage), intake forms, and operational templates, HIPAA privacy & security policies, and data access and retention
What if the counterparty refuses our edits?
If your service is "Negotiated Audit", we will identify critical risk points and propose fallback language to keep negotiations moving forward. If the other side won't budge, we'll outline options - such as reframing issues to align interests, deferring contentious terms to a later addendum, or pausing the deal - so you can make a values-aligned decision without unncessary escalation.
How do you handle PHI and HIPAA when contracts reference or include patient data?
We prefer not to have PHI uploaded for contract review. However, if PHI is unavoidable, we will discuss if a Business Associate Agreement is appropriate with your agency, and limit review to permitted uses/disclosures under HIPAA.
Will your firm sign a separate NDA with our organization or vendors?
Yes. While attorney-client confidentiality already applies, we're happy to execute a mutual NDA if necessary.
Our contract is a template used across multiple facilities - does the flat fee cover variants?
No. The flat fee covers one version of your template. For multi-site templates, we'll identify clause changes that can serve as a master standard plus optional jurisdiction-specific riders; additional variants can be scoped separately.
Do you offer a rush review option?
Yes - Basic Audit can be expedited for an additional $500 priority fee. Priority availability is calendar-dependent, and service is activated once payment is received (in full) and your document is uploaded to the client portal.
Conflict Management
Mediation Representation: What should we prepare before the session?
We will help you assemble a decision-ready packet that includes:
- Your settlement authority (range, walk-away point, non-monetary terms you can offer/accept)
- A concise issue list with desired outcomes, dependencies, and "must-have vs. nice-to-have" distinctions
- A brief timeline of events and key documents (emails, policies, meeting notes) relevant to the disputed facts
- A risk view (BATNA/WATNA - best/worst alternative to a negotiated agreement) and culture impacts (morale precedent)
- Named signatories for final terms and a draft implementation checklist (communications, dates, owners)
Workplace Conflict Management Training: How do you tailor training to our industry?
We run a short discovery to collect anonymized situations, policies, and vocabulary common to your field. Then we build role-plays with realistic pressures. Facilitators receive industry-specific prompts and de-escalation scripts calibrated to typical triggers.
Representation vs. Facilitation?
In mediation representation, the practitioner advances your interests and negotiation strategy. In neutral facilitation, HL's mediator uses the P.E.A.C.E. process™ to protect all parties' dignity and voluntary decision-making.
Virtual Mediation: How does your firm keep caucuses secure and negotiations productive online?
We use separate breakout rooms with a waiting-room protocol, disable recordings, and set time-boxed caucus rounds to maintain momentum. Screen-shared working drafts stored securely, and participants agree to caucus etiquette (no interruptons; decisions captured in writing; brief recap when returning to joint session).
What is the pricing for mediation representation?
Retainer fee is $1,500.00 PLUS $2,400.00 the day before Mediation session.
Client is also responsible for case expenses, if applicable.
What is the pricing for mediation facilitation?
$2,500.00 per session (max. 2 sessions)
PLUS Admin Fee = $580.00
Agreement Drafting = $99.00 (optional)
General
What are the consultation fees?
Hairston Law, LLC consultation fees are $200.00 for 30 minutes, or $290.00 for 60 minutes.
What Jurisdictions does HL serve?
Legal Services are provided under Maryland licensure; and meditation representation is offered nationally consistent with applicable federal and state rules.
