A new dentist recently secured his first associate position. The practice focused on providing ethical dentistry, and several other dentists had competed for the position. Not wanting to "slow things down" the new dentist associate did not hire an attorney to review the contract. He did have his dental school buddy and Dental Association mentor advise him on Compensation and Benefits. A good idea, because colleagues know what is customary and reasonable in the profession. After ironing out these areas with the Employer, and feeling confident and on board, the associate signed the contract and started treating patients.

However, when the associate signed the contract, besides agreeing to what was discussed, he also agreed to abide by all the rules in the (unseen) Office Handbook and to a long and burdensome Notice. Additionally, if he left the practice, he might not receive all of his compensation and would have to pay the Employer several thousand dollars for any staff member or patient who followed him.

The question for many new graduates who are negotiating their first employment contract is whether they should hire an attorney to review their Employment Contract. Is it worth the time and expense?

Not hiring an attorney to review the Associate Employment contract, will save time and money. In the short run.

The attorney, while first focusing on the client's priorities, will then point out other issues that could have worse consequences than the client's original concerns. Additionally, the attorney may suggest putting new paragraphs in the contract that will further protect the client, in areas the client may not have considered.

Let me leave you with a dental profession analogy that may be helpful. Let's say a patient visits their dentist with an upper right "chipped" molar. Although it's of concern to the patient, it's an easy fix. During a subsequent exam of the rest of the mouth, and before taking X-rays, the dentist discovers a fistula, a sign of a problem more critical than the chipped tooth. Lastly, the dentist suggests a new type of cosmetic dentistry that the patient did not know about, but to which the patient unhesitatingly agrees.

Pros to hiring an attorney:

• Client's priorities and concerns are met
• Advise Client of hidden land mines
• Propose options that are not included in the contract

Cons to hiring an attorney:

• May delay the process
• Cost of Service

Hiring an attorney to review a dentist associate contract may ultimately save time, money and disappointment.

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Dr. Gilman, Esq. is available for presentations to Component Societies and Study Clubs to speak about Dental Ethics and other dental-legal related matters.