JOEL KORNBERG, M.D., J.D., P.A.
"FLORIDA TRANSACTIONAL ATTORNEY and PHYSICIAN REPRESENTING and UNDERSTANDING the GENERAL and TRANSACTIONAL LEGAL NEEDS of BUSINESSES and HEALTH CARE PROFESSIONALS and ENTITIES”
REPRESENTING CLIENTS ANYWHERE IN THE STATE OF FLORIDA AND THE DISTRICT OF COLUMBIA
“REPRESENTING AND UNDERSTANDING THE GENERAL
AND TRANSACTIONAL LEGAL NEEDS
OF
BUSINESSES AND HEALTH CARE PROFESSIONALS
AND ENTITIES”
Legal Opinion Review of Physician/Provider Employment Agreement
We do try to prepare you to interact and negotiate with the employer
We very often receive voluntary complimentary feedback from our
Physician and other Health Care Provider Clients that they
appreciate how very thorough our legal opinion review is and they
appreciate that our review is generally done right on the contract
itself and integrated and flows in a different color font to make it
easier for them to follow line by line and discuss and negotiate
with the Employer. They have said that it has helped them understand
their Contract provisions and how our legal opinion review has
better prepared them to be able to communicate with the Employer
about their Contract, due to that understanding. It is rare for
us to be requested to negotiate (negotiation not included in the
Fee).
I
can represent you under my Florida attorney license if you either
reside in Florida or the position you are seeking is in Florida.
We do
provide this legal service. We do messaging, like texting, through a
secure 24/7 Client Portal, which becomes active once a person
becomes a Client (more below).
But first, we find it more
efficient, and without telephone tag, to answer some potential
questions you may have, and provide some background information
about our thorough legal opinion review and explain more about what
we do, as well as the Fee Structures.
I know
this is lengthy, but I am trying to answer most of your potential
questions.
Please read completely and
carefully.
(You can find more about us generally at our website at www.physicianandattorney.com).
I will perform the legal opinion review myself and not a legal
assistant or junior attorney. From the beginning, you would know
that you are selecting me as your attorney as opposed to some
initially unknown attorney on a website.
In
my written legal opinion review, I do not just comment but also
suggest changes, and may write in the suggested changes, to the
contract where indicated; I like to think that it is a thorough
legal opinion review. I try to explain what is important or not and
further explain with some background legal information as well,
sometimes even giving you links to the law or other helpful
information, so the Client understands what is good and what is not
and why, with understanding, and try to make it easy to navigate. I
generally make my comments right on the document. (in docx or we
convert to docx), making it easier for you to follow and to use for
negotiation. I think of it as a form of legal education in my
reviews so that you are well-informed and prepared to present to the
Employer.
I have written and reviewed many such contracts as
an Attorney and, as a Physician, have also worked as an employee
under such contracts, giving me a great deal of insight about what
is there and, importantly, what one cannot see since it may be
missing. For example, one-sided provisions, missing the reciprocal
provision protecting the employee. Also, I understand what it
is like to be an employee Provider and the importance to quality of
life by at least trying to get some fairness stated regarding work
hours, on-call, vacation and holidays.
I find it personally
rewarding to help Health Care Providers understand what is
positive/negative in their proposed contracts, help their
understanding of what the provisions mean in legal and practical
terms so that they are better prepared to discuss and negotiate with
the employer and then to be aware of and understand possible
pitfalls in the proposed contract so that they can make informed
decisions, either way with understanding of the risks/benefits,
about applicable items in the proposed contract. The Client makes
all of the decisions.
We do offer a Flat Rate written legal
opinion review of a "simple agreement," simple meaning mostly not
an excessive number of pages (roughly 25 pages or so) and not
including a formal ownership agreement) and a clean pdf or docx
version (preferably not scanned). Our agreed-upon Flat Fee rate
is paid in advance to our IOTA Trust Account We can see that there
are services with cheap or cheaper fees; but, as justification, I do
spend a great deal of time in order to do what I consider to be a
thorough line by line legal opinion review and try to explain the
"why?" positive or negative, of many items in the Contract. Also, I,
as an attorney-physician, will review your agreement. This Flat Fee
is for one contract and applies for an employment agreement. We do
review and provide legal representation for equity purchase
agreements, but not for a Flat Fee.
Regarding our Flat Fee, which is substantially less than the Fee
would be for our Hourly Rate, (usually less than
half), we very often receive voluntary complimentary feedback from
our Physician and other Health Care Provider Clients that they
appreciate how very thorough our legal opinion review is and they
appreciate that our review is generally done right on the contract
itself in a different color font to make it easier for them to
follow line by line and discuss and negotiate with the Employer.
They have said that it has helped them understand their Contract
provisions and how our legal opinion review has better prepared them
to be able to communicate with the Employer about their Contract,
due to that understanding. We also may paste additional information
into our legal opinion review, such as relevant portions of the
statutes, so that you have that knowledge readily available when you
discuss it with the Employer.
Turnaround time is usually within three (3) business days (or even
less depending upon our schedule) beginning the day after we
establish an attorney-client relationship (That attorney-client
relationship is formed only when we both sign our Representation &
Fee Agreement and Fees are paid in full in advance - both by emails
online through the Client Portal). However, this, on occasion,
may be delayed by one or more days due to our schedule at that time;
I would let you know of any delay if and when you agree to our legal
representation.
The
timeline for the review begins when you complete the payment in full
and sign and return our Representation & Fee Agreement (both sent to
you as simple Emails); and then it could begin the next day after we
receive them.
The
Flat Fee also includes, after the legal review is completed and sent
to you in the Client Portal, and you have had time to go over it,
optional communications by either Client Portal messaging or you and
I, one to one telephone call up to one hour total time (we time it
but do not bill the time), if you want. Some contract review
services charge extra for this.
The Flat Fee does not include negotiation, but we do try to
prepare you to interact with the employer, as most of our physician
and provider clients prefer to do that themselves and that is not as
intimidating for the employer initially as it would be to deal with
an attorney, which most employers do not like. But, in addition to
the Flat Fee for the legal opinion review, we can negotiate on your
behalf for an agreed-upon hourly rate, with an additional advance
(in addition to the Flat Fee) estimated retainer paid in full in
advance to our IOTA Trust Account, if you prefer. (This retainer is
in addition to the Flat Rate).
I can tell you that it is rare
for us to be requested to negotiate on behalf of our Health Care
Provider Clients after our thorough legal opinion review, but, of
course, still possible.
We
prefer to review Employment Agreements and generally not another
type of agreement, such as an Independent Contractor Agreement.
Incidentally, we do not open documents in our Emails, so please do
not email us any documents. We utilize a secure Client Portal where
you select your unique password, for documents, payments and
messaging, available to you 24/7, although we generally respond
during normal business hours. Our Physicians and health care
provider Clients say that they do appreciate the convenience of the
Client Portal. We would provide simple instructions for the Client
Portal (really just an email to you) if and when you agree to our
legal representation.
•
Drafting and Review of Documents and Contracts (Employment, Etc.)
• Drafting and Review of Leases
• Business
Relationship Contracts/Agreements
• Business Negotiations
•
Joining New Associates (Employee/Ownership)
•
Removing Business Relationships
• Purchase & Sale of
Practice/Business
• New Entity Formation (For Example: PA/INC/LLC)
• Documents for Entity (Shareholders’ Agreement/Operating Agreement,
Etc.)
• Entity Modifications/Restructuring
• Many Telehealth and
Telemedicine Legal Matters
AFTER OUR INITIAL
TELEPHONE CONVERSATION, DON'T WANT TO
TRAVEL FOR A MEETING? WE CAN SCHEDULE FOR YOU TO
MEET WITH THE ATTORNEY
BY VIDEO CONFERENCE MEETING ON
YOUR PHONE, TABLET OR COMPUTER, CURRENTLY USING MICROSOFT TEAMS, WITH
ITS SECURITY FEATURES.
The hiring of a lawyer is an important
decision that should not be based solely upon advertisements. Before you
decide, ask us to send you free written information about our
qualifications and experience.