Hiring a lawyer for job contract?

[worldcitizen]

Is it REALLY necessary to hire a lawyer for review of job contract?
I mean I get most of whats written there .
These lawyers are expensive!

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[Law2Doc]

Is it REALLY necessary to hire a lawyer for review of job contract?
I mean I get most of whats written there .
These lawyers are expensive!

If you want to get "all" of what's written there, you may need one. Bear in mind that there's no such thing as a "standard contract". A contract is a dynamic document -- if you don't like things, they can often be changed, and the drafter usually tweaks things so that they work more in their client's favor before you get it. While lawyers are expensive, they are trained to think through the negative consequences, something lay people tend not to do very well. When I read a contract, I read it pissed off, thinking the writer is trying to screw me over, and that I just have to find how, not if. Most of the time, I find a few places I suggest the client ask to be changed. Sometimes it happens, but at least if it doesn't the client's eyes are open.

Sure the contract may seem fine when everything's good, the practice is making money, nobody's getting sued. But how well does the contract protect you if things go bad? Where the practice wants to get rid of you, or where you want to dissociate yourself from the practice or if the folks currently running it retire and are replaces by SOBs who don't feel as friendly toward you, etc. Also non-lawyers somehow like to ignore the finer details, but in a contract, the devil's in the details. I've seen contracts that I've advised clients not to sign based on what was in the definitions section, something lay people often simply would skip. The sad thing is that as an MD you are considered highly educated and held to a higher standard in your contracts as compared to Bob the gas attendant. You don't get to say "I didn't understand" -- if you sign on to a bad deal, you are stuck with that. You pretty much forced yourself to read everything you ever sign by virtue of going to a professional school. So you either read and understand ALL of the contract down to the finest detail, or you get yourself a lawyer to do that for you. Those are your options. Otherwise you may well have made a bad deal and will have to live with it.

 

[dynx]

Is it REALLY necessary to hire a lawyer for review of job contract?
I mean I get most of whats written there .
These lawyers are expensive!

Yeah. Im sure you get most of whats there. But....
what about whats not written there? Do you have the experience to notice what protections for you may be commonly included but are left out? What about what typical bonus structures, non-compete clauses etc are typical versus what they are offering. I'd get a lawyer. There's a reason they are expensive.
I mean do I really need a doctor to treat this infection? I looked it up on emedicine and understand most of whats written there.

 

[worldcitizen]

Point taken.
What s the best way to find a contract lawyer in the state where the job is ?
I am sure there s a better way than yellow pages .
I tried word of mouth but got no luck.

 

[Laryngophed]

These lawyers are expensive!

Dang right they are, which is why I'm glad I married mine.

I would parrot what L2D said and I think its safe to say this is one place where we can safely say that "we don't know what we don't know." Lawyers are expensive, but they are a lot cheaper than signing a bad contract that puts you behind the 8-ball. Physician's are inherently intelligent but, in general, we aren't trained to think through these documents and we don't know all of the case-law that underlies the clauses in that contract. The person who drafted it is trying to protect their client and they will do whatever they can to do that. In return, you should hire a professional who will have only your best interest in mind. Good luck!

 

[Winged Scapula]

Oh Good Lord, please do not enter into any negotiations without an attorney at your side.

As said above, its not so much WHAT is written its what is NOT written that you might be missing.

They are expensive, but if having a good one saves you thousands of dollars down the line, its worth it. Plus, if you incorporate, you can write it off as a business expense.

 

[NotAProgDirector]

These lawyers are expensive!

Just wanted to point out that the lawyer is likely no more expensive than you are. It's just that your clients don't really pay you -- they spend $1000's on insurance which then pays you.

 

[Speculatrix]

How much latitude is there in terms of negotiating your contract? I just assume the future employer is going to say "see ya!" if you try to get something changed or brand you as "disagreeable" and not hire you. Maybe I'm just thinking about residency programs where there is probably no flexibility.

 

[Winged Scapula]

How much latitude is there in terms of negotiating your contract? I just assume the future employer is going to say "see ya!" if you try to get something changed or brand you as "disagreeable" and not hire you. Maybe I'm just thinking about residency programs where there is probably no flexibility.

All "real" employment contracts/offers (ie, not a residency contract) should be negotiable. If they aren't, that may be someplace you don't want to work.

My business partner and I recently negotiated our partnership contract. I was a bit appalled when her attorney told my attorney that the contract was "non-negotiable" and "the offer is on the table and cannot be changed." Fortunately, she was appalled when she heard that too. If someone really wants you in that job, they should be reasonable (of course, that also means you have to be reasonable as well).

 

[Impromptu]

Unless you are a rock star at bringing in grants, I think most universities would allow only limited flexibility in contract negotiations. They are also the ones to stick in the worst non-compete clauses (50-100 mile radius from any affiliated facility).

 

[Winged Scapula]

Unless you are a rock star at bringing in grants, I think most universities would allow only limited flexibility in contract negotiations. They are also the ones to stick in the worst non-compete clauses (50-100 mile radius from any affiliated facility).

Not everyone is going to be employed by a university. Even if you were, there are always things that are negotiable - salary, amount of vacation, number of staff, etc.

And those "non-compete" covenants? Not always enforceable (I believe the state of California specifically voids them), especially if it restricts your trade or requires you to leave the city. Here is yet another reason to get an attorney to review the contract - just because the employer puts it in there, doesn't mean its legally enforceable.