# Lawyer Review Brief — Avina Client Communication Protocols (v0.1)

**Prepared:** 2026-05-02 | **For:** External US-licensed counsel (employment / health-services / privacy specialism preferred) | **Engagement:** Avina Wellness — Kelly Mortazavi, Director

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## What we need from you

A focused legal review of six client-communication protocol drafts that emerged from a real-time client crisis on 2026-05-02 (a 72-hour involuntary psychiatric hold under California §5150 mechanism — patient state of residence to be confirmed). The drafts are operational documents that will govern every client engagement going forward. Avina cannot use them with a real client until you have signed off on the language.

**Specific decisions we need:**

1. **Recording legality.** Per-state map of one-party vs two-party consent jurisdictions for the 50 US states + DC (and any extraterritorial issues if Avina staff are physically in one state and clients in another). Approve or correct the matrix in `recording-policy.md`.
2. **Duty-to-report language.** The safety contract obliges the case manager to call 911 / police welfare check on certain defined triggers (suicidal ideation with intent, refusal to confirm safety, threats of harm). Confirm the trigger language is legally sound, not over-broad, and aligns with the case manager's actual licensing scope.
3. **HIPAA applicability.** Determine whether Avina's services qualify Avina as a HIPAA covered entity, business associate, or neither. Recommend storage / consent / BAA arrangements accordingly.
4. **Liability framing.** Case manager is not a licensed clinician. Confirm the disclaimer language adequately limits Avina's exposure, and that the engagement scope (coordination, accountability, crisis-response navigation) is correctly outside the scope of practice for licensed therapy / psychiatry.
5. **Termination clause.** Conditions, notice periods, refund mechanics — review for enforceability.
6. **Family / payor agreements.** Many engagements are paid by family but the client is the patient. Review the structure for: who owns the engagement, who can terminate it, what info the payor receives, when payor consent overrides patient preference.

## Documents under review (all in this folder)

1. `safety-contract.md` — intake contract every client signs
2. `recording-policy.md` — operating rules + state-by-state matrix (placeholder, your verification needed)
3. `12-week-case-management.md` — structured engagement framework with milestones + consequence logic
4. `crisis-protocol.md` — welfare check + 72-hr hold + ROI procedures
5. `weekly-status-report-template.md` — operating cadence
6. `client-intake-checklist.md` — pre-engagement gate

## Source and provenance

These drafts are not theoretical. They were lifted directly from a 60-minute working call between Kelly Mortazavi (Avina) and Fabian Diaz on 2026-05-02 immediately after the welfare check that put Erin (the patient) on a 72-hour psychiatric hold. The full audio transcript and call summary are in `~/Desktop/AVINA-HOME-DETOX/clinical/case-studies/erin-w-2026-05/` — happy to share under privilege if useful for your review.

## What sparked this

The case manager (Kelly) called 911 for a welfare check on her client (Erin) following escalating suicidal threats. Police were close to leaving without action until Kelly produced a recording substantiating the threats. The patient is now on a mandatory 72-hour psychiatric hold. Several questions surfaced from that experience:

- Was Kelly legally entitled to record Erin in the relevant US state? (Need state confirmed.)
- Was the recording admissible / appropriately handled?
- What ROI did Kelly need on file before the call to communicate with hospital, police, and family?
- Was Avina's liability insurance scope adequate for this fact pattern?
- What documentation needs to be filed and retained, in what manner, to make the file legally defensible?

## Engagement scope and budget

- Initial review of all six documents: ~4-6 billable hours estimate
- One round of revisions and re-review based on your comments: ~2 hours
- Optional: one-hour video call with Kelly + Fabian to walk through any practice-changing recommendations
- Total estimated: ~$2-4K depending on hourly rate

## Timeline

Erin's 72-hour hold ends approximately 2026-05-05. Kelly will likely be onboarding new clients within the following 1-2 weeks. The protocols need to be defensible before the next client signs an intake.

**Target turnaround:** initial review within 7-10 days of engagement.

## Contact

- **Fabian Diaz** (engaging Avina's protocols on Kelly's behalf): fabian@fdnxt.com
- **Kelly Mortazavi** (Avina): kelly@avinawellness.com

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*This brief is a draft. Do not transmit to counsel until Fabian has reviewed and approved.*