An injury claim can involve decisions about information gathering, medical or employment authorizations, insurance communications, property issues, settlement proposals, filing, discovery, expenses, and other work. A status update is not the same as a client instruction, and a discussion is not necessarily authorization to take every possible action.

An instruction-and-authorization log should identify the decision, available information, client instruction, authorized action, limits, responsible person, communication date, confirmation, changed instruction, completed action, and unresolved question.

Define the decision before recording an instruction

  • Specific question, current stage, available records, missing information, deadline source, alternatives, and consequences that were actually discussed
  • Person making the decision, authority for that role, participants in the communication, date, method, language or accessibility need, and documents reviewed
  • Instruction stated in neutral language, any condition or limit, information still requested, and the next event that requires a new decision
  • No inference that silence, document delivery, an earlier instruction, or a general goal authorizes a different action

Separate client decisions from lawyer decisions

North Carolina State Bar Rule 1.2 addresses the scope of representation and allocation of authority. It states, among other things, that a lawyer shall abide by a client’s decision whether to settle a matter and shall consult with the client about the means used to pursue the client’s objectives. The actual engagement terms and circumstances still matter.

  • Objective, settlement decision, proposed means, procedural choice, administrative task, scheduling step, and professional judgment recorded as different fields
  • Action the client must approve separated from work the lawyer or staff may perform within an agreed scope
  • Person responsible for the next step, due date source, permitted communication channel, and completion evidence
  • Question about authority or scope paused for clarification rather than resolved through assumption

Create a communication record that supports informed decisions

Rule 1.4 addresses keeping a client reasonably informed, responding to reasonable requests, consulting about objectives and means, and explaining a matter to the extent reasonably necessary for informed decisions. A log should show what information was supplied and what remained unknown; it should not simply state that the client was informed.

  • Question or proposal received, source, full document, date, response deadline, assumptions, calculations, exclusions, and unresolved terms
  • Explanation supplied, alternatives discussed, records available, missing inputs, risks or factual dependencies identified, and questions asked
  • Client response, follow-up request, changed instruction, withdrawal of authority, additional condition, and confirmation method
  • No summary treated as a substitute for the underlying policy, release, pleading, order, medical record, bill, agreement, or proposal

Track authorizations by purpose and recipient

  • Authorization name, exact purpose, information category, date range, source owner, recipient, permitted use, expiration, revocation path, and copy retained
  • Medical, employment, insurance, financial, digital, property, photographic, or other information kept within the stated scope
  • Draft, signed version, correction, revocation, superseding form, disclosure made, records received, and missing response logged separately
  • Original protected from editing; redacted, annotated, converted, or uploaded copies identified as derivatives

Apply confidentiality controls to the log itself

Rule 1.6 addresses confidentiality of information relating to representation and precautions in communication. An authorization log may contain medical, financial, identifying, family, employment, or strategy information. Access, sharing, exports, attachments, and transmission should be limited to a verified purpose and recipient.

  • Access role, verified recipient, transmission channel, attachments, sensitivity, date sent, receipt, access issue, and later transfer
  • Client preference for communication recorded without promising that every channel is appropriate for every document
  • Unexpected recipient, changed payment instruction, broad access request, wrong attachment, or disclosure concern escalated and preserved
  • External family, employer, insurer, provider, vendor, or other participant never assumed to be authorized merely because the person knows about the claim

Close the loop on every instruction

  • Action taken, date, person, source document, recipient, result, confirmation, follow-up, and exception
  • Instruction completed, superseded, withdrawn, declined, delayed, disputed, or awaiting information shown as an explicit status
  • New facts checked against earlier decisions so changed assumptions trigger a new review
  • Final claim record preserves why an action occurred and who had decision responsibility at that time

The related guide to client and lawyer decision responsibilities in a North Carolina injury case explains the broader allocation of responsibility. This page owns the dated instruction, authorization, limit, confirmation, and completion record.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about Charlotte personal-injury claims. The governing engagement terms, professional duties, and matter-specific facts determine who may authorize a particular action.

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