Physicians often ask me if they should use a “physician employment contract lawyer near me.” (Sometimes the word “me” is substituted with “my potential new employer.”) I think that’s a fair question, but I also think physicians should consider if a local attorney has the experience of someone who dedicates his or her career to review of physician employment agreements.
Physicians often note that choosing a “physician employment contract lawyer near me” will have the advantage of choosing a lawyer familiar with the laws of the state where their potential employer is located. One of the most important aspects of a physician employment agreement that can be impacted by state law is physician restrictive covenants. However, as I have pointed out in my blog post on physician covenants not to compete, the market will frequently enforce restrictive covenants that a court never would. Accordingly, I believe finding a physician’s attorney with the chops to address the business and practical issues of a restrictive covenant is more important than finding a “physician employment contract lawyer near me” who can recite the relevant statutory or case law in a given state.
Rather than choosing a “physician employment contract lawyer near me,” physicians would be better served by assuring that the attorney they select has familiarity with all aspects of a physician employment agreement. Although I am admittedly biased (as an attorney who has written the book on physician employment agreements and reviews physician employment agreements in all 50 states), I believe physicians are better served choosing an experienced physician’s attorney.
The attorney you select should have experience in the entire lifecycle of physician employment agreements, from letters of intent in physician contracts and the physician sign-on bonus all the way to the end of the road with issues involving without cause termination in physician employment contracts, expiration of physician employment agreements, for cause termination of a physician employment agreement, or the medical practice buy-in.
The attorney you select should also be experienced in the various types of physician employment agreements, ranging from physician employment agreements with a private practice, to specialist agreements such as hospitalist contracts.
Rather than choosing a “physician employment contract lawyer near me,” choose an attorney with access to the MGMA database who will perform a MGMA compensation review, and has experience in all aspects of physician employment agreements: physician compensation, physician productivity compensation, medical record provisions in physician employment agreements, call coverage requirements, malpractice issues in physician employment agreements, and physician benefits (especially physician disability provisions in employment agreements).
So, think twice before choosing a “physician employment contract lawyer near me.” You will probably be better served by a physician’s attorney who has spent a career perfecting the art of physician contract review.