Question:

Jennifer,

I am joining a large group practice and my contact is a broker.  I do not believe my contract is negotiable.   Is it worth getting a review and trying to negotiate?

Thanks,
Dr. J

Answer:

Whether its worth having a contract reviewed, and whether a contract is negotiable are unrelated questions.  Absolutely you should never sign a contract that you do not understand, regardless of whether that contract is for a loaner car, mortgage or employment agreement.  A proper review should cover all material contract terms, as well as identify whether “typical” terms have been omitted from a proposed contract.

Whether a contract is negotiable is a separate issue.  In the typical arrangement, the employee or junior partner will have less leverage and resources then the practice, resulting in a somewhat skewed negotiation process.  However, more often than not, practices are willing to negotiate, so long as the requests made are somewhat reasonable.  I have yet to work with a client where the other side has refused all demands.  The fact remains that if a practice has taken the time to interview you and select you as a candidate to join them, you are valued as an asset worth haggling for.  And, so long as the negotiation process is organized, and requests are conveyed in a transparent and concise manner, there is a high likelihood requests for modification will be accepted.   I have yet to meet a contract that cannot be negotiated. 

Copyright © 2011 by Kirschenbaum & Kirschenbaum PC.

All Rights Reserved. This email is provided for news and information purposes only and does not constitute legal advice or an invitation to an attorney-client relationship. While every effort has been made to ensure the accuracy of the information contained herein, Kirschenbaum & Kirschenbaum PC does not guarantee such accuracy and cannot be held liable for any errors in, any reliance upon this, or losses caused by the information. Under New York’s Code of Professional Responsibility, this material may constitute attorney advertising. Prior results do not guarantee a similar outcome.