From Brodie in Legal: Issues in Strength Training

[Mark Rippetoe]

http://startingstrength.com/index.ph...ength_training

We are pleased to be able to publish this important piece from Brodie Butland, JD, SSC. It is an important addition to the literature, and should be widely disseminated through the profession.

[Jonathon Sullivan]

Outstanding work, Brodie. This one will filter through the InterWebz like wildfire.

[Brodie Butland]

Outstanding work, Brodie. This one will filter through the InterWebz like wildfire.

Thanks Dr. J! I hope so. It's not as entertaining as stuff about stroking out while using a valsalva or the good, the bad and the ugly for exercise research, but I'm hoping it at least sheds some light on the Occult that is the Legal Profession and clears up some common legal misconceptions.

[Nicholas Racculia]

Congratulations Brodie, one of the most useful articles published. This is a must read for all Starting Strength Coaches.

[Nicholas Soleyn]

Great article Brodie, and timely for me. Thanks for the obvious time, through research, and dissemination of good info you put into it.

[Alex Kennedy]

Great work Brodie, incredibly useful! Just as I was about to start writing out my waivers for my new garage space, perfect timing. Thank you.

[Wil F]

Brodie:

Great article, meticulously researched and well written.

I'd like to offer a few thoughts as an afterword, with respect to what some not strictly law-based measures you can take to help prevent these issues from ever even coming up, which is devoutly to be wished.

One of the things to keep in mind is that you, as an SSC, are inevitably the person who decides what clients you take. Even in most commercial gym situations I've been in, while it may not be smiled upon, most of the trainers chose to take or not work with their individual clients. While it's often very hard to decide to turn away a paying client, sometimes you need to do it for your own protection.

I see this in my own legal practice all the time -- rule one if you want to run a successful business that is based in client service (like the law, or strength coaching) is that you -never- turn away a paying client. They generate word-of-mouth, they generate their own revenue, and they are often the source of not just good reputation but direct referrals. But sometimes it is the best thing you can do for yourself.

We are (mostly) keen detectors of human behavior, not always based on cues you may consciously analyze and put together. It could be demeanor during the initial interview, behavior during the first workout session, or just a general sense of 'this client is a problem' that you might get from a client. If you have a solid gut reaction that a client is a problem for you; or could become one, don't take them. It's easier to not take them at the front than to get rid of them later, and a polite "I just don't think we'd be a good fit given your fitness goals and my training style," is very difficult to rebut or take poorly. If they do take it poorly, take it as confirmation that you were right. If you do somehow end up with a client whom you later decide is a problem, release them if at all possible.

Andy Baker wrote in one of his posts that he won't take morbidly obese clients any more, because his experience of them is that they tend to backslide to a high probability; reading between the lines I think he found it less than pleasant to be coaching clients like that (not a very good sense of accomplishment for coach or client), and so he doesn't take them. In his judgment they stopped being a good fit. I would also suggest that he also firmly reduced the likelihood of getting sued. Why? Because first, he identified a category of client who becomes a problem client for him, and second, he reduced the probability that he'd be working with people with whom he might not have a stellar relationship.

This links nicely into my second point. Be a good coach, give good feedback, but also: be nice. People tend not to sue people they like, or feel friendly with, even when they have actual good cause. And that is almost entirely in your control. In addition to making your time with the client more pleasant, interacting in a pleasant, courteous and friendly fashion will reduce the risk of getting sued regardless of actual liability. Everything you do as a coach can be done in a manner that suits the client's and your personalities, and still achieves their strength goals. I have watched many many of the videos of Coach Rippetoe teaching the lifts, and a several of the other coaches. All of the good ones are firm, give good cues, often get excited but are never demeaning, mean, or hostile. Avoid negative behaviors, and you reduce the chance of litigation against you ever even arising. This includes little things like being responsive to e-mail, being on time and ready for your clients, and being focussed on the client (not your smartphone) during the session.

If the client believes you care about them, if you do care about them, they will care about you. And they won't want to hurt you.

My guess is that Dr. Sullivan treats his older clients quite differently than he would a younger crew, both in terms of actual coaching and his demeanor during the sessions. Other SSC's might be a bad fit for that population -- Dr. Sullivan clearly isn't. Identify your population and serve them. Dr. Sullivan knows his population, he knows who he want to serve, can serve, and serve well. The same is clearly true for Andy Baker, Coach Rippetoe, and most of the SSC's whose writings I've read on this board.

Communicate with your clients -- find out what they like. The first time I worked out with Karl, he asked me if I wanted to be yelled at during the lifts. I don't like it, I said no, he's never done it. We work out cues, he gives them, it works. We get along.

The conclusion is this: if you can protect yourself, in the ways Brodie laid out, you should. You can also protect yourself by reducing the likelihood of getting into a legal situation. Once you've been sued, or are suing, everyone involved loses except the lawyers. Lawsuits can't solve problems, they just move money. So once they happen, everyone involved leaks money into the legal system until somebody hands money to somebody else, and it's over. Meanwhile the lawyers get theirs. Don't let it happen to you -- protect yourself in the event it does happen, but also try to reduce the chances.

Here's your executive summary (the TLDR version):

You want to reduce the probability of getting sued. You can do so by not taking problem clients. You can also do so by establishing courteous, friendly relationships with your clients.

[johnnys]

Two questions that might be covered by some of the case law you researched - Any need or approach for insulating SS certified coaches from claims that the non-standard (non-stupid, admittedly) elements of the program fall short on duty of care?

Any chance that the certification elevates the standard of care applicable?

[Paul1]

Brodie, thanks for the very interesting and informative article. Could you comment on potential liability issues related to providing internet advice? (Both related to training and health). It's my understanding that there have been successful medical malpractice suits contending damages related to bad internet advice.

[Brodie Butland]

You want to reduce the probability of getting sued. You can do so by not taking problem clients. You can also do so by establishing courteous, friendly relationships with your clients.

And I'm sure as you know from your practice, this is equally as true for us as lawyers.