Why Every Physician Needs an Attorney

Physicians face a variety of legal challenges throughout their careers. From employment contracts and business associate agreements to launching new ventures, navigating these complexities requires specialized legal expertise. While many physicians are highly educated, few possess the legal acumen necessary to handle these issues alone. This guide outlines the essential considerations for selecting a healthcare attorney who can effectively support your career and practice.

1. Understand Your Legal Needs

Different attorneys specialize in different areas of law. To ensure you’re getting the right support, you must understand your specific needs. Common legal needs for physicians include:

• Employment Contract Review: Evaluating terms of employment, restrictive covenants, non-compete clauses, and termination conditions.
• Business Formation: Establishing a practice, forming partnerships, or creating a direct primary care (DPC) model.
• Business Associate Agreements (BAAs): Ensuring HIPAA compliance when dealing with third-party vendors and service providers.
• Litigation Support: Representing you in disputes with employers, hospitals, or other entities.
• Regulatory Compliance: Addressing issues related to Medicare, Medicaid, Stark Law, and anti-kickback statutes.

2. Look for Healthcare-Specific Experience

Healthcare law is a specialized field. General business attorneys may not fully understand the unique complexities physicians face. When searching for an attorney, prioritize those with direct experience in healthcare law. They should have a track record of working with other physicians and knowledge of industry-specific regulations, such as:

• Stark Law
• Anti-Kickback Statutes
• HIPAA Compliance
• Medicare and Medicaid Audits
• Licensing Board Complaints

Ask for case studies or examples of how the attorney has helped other physicians.

Key Questions to Ask About Experience

1. How long has the lawyer been practicing law?
2. What percentage of the lawyer's practice is composed of work related to healthcare and physician employment contracts?
3. Does the lawyer both review and draft physician contracts?
4. How many contracts does the lawyer draft or review monthly or annually?
5. Does the lawyer have experience drafting or reviewing contracts for the type of setting in which you’ll be working (e.g., hospital, independent practice, academic health center)?
6. Does the lawyer have experience representing physician practices, health systems, or other physician employers?
7. Can the lawyer provide references (if not referred by another client)?
8. What issues does the lawyer recommend focusing on during the contract review?

3. Verify Credentials and Licensing

Look for an attorney who is licensed to practice in your state. State-specific nuances exist in employment law, licensing, and healthcare regulations. If you plan to operate in multiple states, seek an attorney with multi-state licensure or a network of contacts across jurisdictions.

You can verify licensing and disciplinary history through your state’s bar association website. Check if the attorney is a member of relevant professional organizations, such as the American Health Law Association (AHLA).

4. Assess Reputation and References

Don’t hire an attorney without checking their references. Ask colleagues, residency mentors, or members of physician networks for recommendations. Online reviews can also provide insight, but be aware that they may not always be reliable. Instead, look for testimonials or case studies directly from the attorney’s website or professional networking platforms like LinkedIn.

5. Interview Multiple Attorneys

Don’t settle for the first attorney you meet. Interview multiple candidates to compare their expertise, approach, and fees. Use the following questions to evaluate each attorney:

• How many physicians have you represented?
• Can you describe a case where you successfully negotiated an employment contract for a physician?
• What is your approach to handling business associate agreements and ensuring HIPAA compliance?
• How do you stay current on healthcare regulations?
• What are your fees and billing structure?

Key Questions About Practice Style

1. How will the attorney work with you to review the contract and advise you as you negotiate (e.g., working with you to develop a list of issues to discuss with the employer, coaching you on how to negotiate, redlining the agreement to send to the employer, reaching out to counsel directly)?
2. How would the lawyer describe their style of negotiation?
3. What items in the employment contract does the lawyer think are most important for you to understand and discuss with the employer?
4. What guidance would the lawyer offer if the employer will not make any changes?
5. How quickly does the lawyer respond to inquiries from clients?
6. How many times should you expect to meet or exchange calls with the lawyer during the process?
7. Once you receive your contract, how long will it take the attorney to review and provide you feedback?

Take note of how clearly and confidently they respond. Attorneys should be able to simplify complex issues for you.

6. Clarify Fees and Billing

Attorneys typically charge in one of the following ways:

• Hourly Rate: You’re billed for the time spent on your case.
• Flat Fee: You pay a set price for a specific service, like reviewing an employment contract.
• Retainer: You’re charged an upfront fee, and the attorney draws from that balance as work is completed.

Ask for a fee schedule and determine if it’s negotiable. Avoid surprises by seeking clarity on what’s included (e.g., calls, emails, document drafting) and what’s billed separately.

Key Questions About Cost

1. What fee structure will the lawyer use for the work being performed?
2. Are fees discounted for residents/fellows?
3. What is the anticipated amount of time the lawyer will spend on the contract process?
4. How is time billed (e.g., per hour or per minute increments)?

7. Evaluate Communication and Availability

Your attorney’s responsiveness can impact the timeliness of critical decisions. Ask how quickly you can expect a response when issues arise. Some attorneys have large caseloads, so it’s important to ensure they’re available when you need them.

Here’s how to evaluate their communication:

• Response Time: Do they answer emails and calls promptly?
• Clarity: Do they explain legal concepts in plain language?
• Client Portal: Do they offer an online client portal where you can track case progress and access documents?

8. Prioritize Long-Term Relationships

The goal is to build an ongoing relationship with an attorney who understands your career goals and professional interests. Over time, they’ll develop institutional knowledge of your practice, making future matters faster and more efficient to resolve.

Consider setting up an annual review with your attorney to assess changes in your employment, contracts, or business relationships.

9. Watch Out for Red Flags

Not all attorneys are a good fit. Avoid any attorney who:

• Refuses to put the fee agreement in writing.
• Offers vague or evasive answers to your questions.
• Lacks healthcare-specific experience.
• Has poor reviews or multiple complaints with the state bar.

If you sense a problem, trust your instincts and move on.

10. Leverage Professional Networks

Other physicians are often the best source for finding quality attorneys. Join professional organizations, online forums, and social media groups like DPC Alliance or physician networking groups on LinkedIn. Use these spaces to ask for recommendations and reviews.

Additionally, your malpractice insurance carrier or the Louisiana Patients' Compensation Fund (if applicable) may offer resources or recommendations for legal support.

Conclusion

Choosing the right attorney can safeguard your career, protect your practice, and support your long-term goals. Take the time to assess your needs, interview multiple attorneys, and prioritize those with healthcare-specific expertise. A good attorney is more than a legal advisor—they’re a vital partner in your professional journey.