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The Price You Pay for a “Simple Contract”

Originally posted 10/10/07

Nothing is more common for us than to see a doctor visit our law offices with a problem which was not addressed in a written agreement.  Whether the doctor has been locked out of the practice by a partner, surreptitiously fired without cause by an employer, has had an associate leave only to have the same associate soliciting patients and employees of the practice, or any number of other evils.
In the acquisition area, it’s difficult for a doctor in the process of purchasing a practice, to understand what it is that comprises a complete, comprehensive contract.  You would think, the important thing is that the practice is purchased, the seller leaves, and your worries are over.  Unfortunately, you couldn’t be more wrong.  It is because of that rationale that many doctors think that a contract is a contract… the simpler, the better!
If that were only true.  In truth, if we knew in advance there would be no issues whatsoever there would be no need for contracts at all – a simple handshake would do; but these erst while days are long gone – and especially in California.
Any attorney worth their salt will tell you that ambiguity is not benign. That “simple” may have meant inexpensive, but rarely does it mean protected.  Remember, that so-called “simple” contract you signed is the only instrument you have to guard your practice once the seller leaves.

 

 

 

 

 

 

 

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