I’m Kate Dewhirst.

My team and I write about legal issues affecting healthcare in Canada.

Kate Dewhirst Health Law - bringing the law to life. Meet Kate (in 13 seconds)

It depends … why do lawyers always say that?

Posted by

Client: I have a quick question for you. … Can I do <enter question that seems perfectly straightforward to client>?

Lawyer:  hmmmmm.  It depends.

Client: Grrrrrrrr.  Why can you never just tell me yes or no?!

We all know this dance.  Clients ask questions. Lawyers give equivocal answers. Why does this happen?

Honestly, we the legal people of the world aren’t trying to frustrate you with our “it depends” answers.  But just so that you know, many times there is no yes/no option.  The law isn’t an on/off switch.

Many times, a legal answer depends on:

  • Further background information – we need to know all the details to help you come to an answer
  • Who is doing what – some folks are allowed to do things that would be absolutely prohibited if done by others
  • What has happened
  • How much risk you are willing to accept (or not)
  • What you want to achieve because often without knowing it, you may be asking us the wrong question for what you actually want to do

Lawyers are trained to advise. We do not make your decisions for you. Our goal is to help you get to where you want to go and for you to understand the risks and benefits of getting there.

When working with a lawyer who answers, “it depends”, I invite you to follow up with:

  1. Here’s what I want the outcome to be … how do I get there?
  2. What else do you need to know?
  3. What are my options?

Let your legal counsel help develop your knowledge, skills and judgement.  We are your partners in finding solutions.


If you enjoyed this article please share it:


Previous and next posts from Kate:

Some of Kate’s recent and upcoming events

Free healthcare privacy webinar - ask me anything!
the first Wednesday of every month

Free webinars - advance registration needed

Whether you're an experienced privacy officer or new in the field, pick Kate’s brain for free for an hour, in this live webinar. No charge, but you’ll need to register in advance.

Health Privacy Officer Foundations training
starts October 2024

For Privacy Officers within healthcare organizations.

This course focuses on how to become a more confident privacy officer and gives you the tools to document your privacy program. Full details and registration here...

Join the Shush: a collective of health privacy officers
Annual membership 2024

For Privacy Officers within healthcare organizations

This is an annual membership program that takes theory into practice and tackles real life scenarios to build Privacy Officer skills.
Full details and registration here.

Primary care webinars: Employment Law Update & Legal Issues for EDs and Board members

Part of Kate’s monthly webinar series.

Our 2024 program is now live.
Full details of the 2024 webinar series and registration here.

Mental Health webinars: Legal issues for mental health and addictions agencies and teams
Annual membership 2024

For managers and other leaders from mental health and addictions agencies, hospitals, CMHAs, CHCs, school boards, FHTs and Indigenous health services

This is an annual membership program with monthly webinars.
Full details and registration here.

Team Privacy Training Events

For Primary Care clinics, Hospitals, Community Agencies, Mental Health Teams, Public Health Units, School Boards, Police departments

Scheduled to your team's needs for comprehensive or refresher training More details...

Free summary of all PHIPA IPC decisions

Want to read privacy breach stories to learn how to improve your work? We have summarized all the Information and Privacy Commissioner's health privacy decisions for you Download here...

Kate Dewhirst Health Law

Kate says:

My mission is bringing the law to life. I make legal theory understandable, accessible and fun! I’m available and love to work for all organizations in the healthcare sector across Ontario and beyond.

Subscribe to my mailing list and keep up to date with news:

Latest Tweets

  • Our twitter feed is unavailable right now. Follow us on Twitter
  • contact details

    P.O. Box 13024, RPO Bradford Centre
    Bradford, ON, L3Z 2Y5

    (416) 855 9557

    .