SERVICES FOR THE DENTAL PROFESSION
Introduction
Maxwell Hodge are legal members of the Association of Specialist Providers to Dentists (ASPD) and the National Association of Specialist Dental Accountants (Solicitors Section) (NASDA). The Firm is recommended as having appropriate expertise in the legal requirements of the dental profession including :-
Expense sharing agreements
Such agreements offer the ability to share practice premises, equipment, employees and/or other expenses with fellow practitioners whilst keeping personal income, expenses and assets separate. The details of the expense sharing agreement should be set out appropriately to avoid disputes and provide certainty particularly at a time when practitioners choose to go their separate ways. Maxwell Hodge can help with putting in place an agreement tailored to the needs of the individual practitioner.
Partnership agreements
Rights and responsibilities of partners are governed by the agreement which exists between them and/or the Partnership Act 1890. A written partnership agreement is recommended to deal with issues such as arrangements for profit sharing, how decisions are to be made for the running of the partnership business and what happens if a partner dies or retires from the business for any reason. Every partner is an agent of the others and may, on behalf of the partnership, enter contracts, incur debts and dispose of partnership property in the ordinary course of the partnership business and it is important these matters are dealt with in a formal partnership agreement. We will discuss with you the requirements for your partnership and draft an appropriate agreement specific to your needs and requirements.
Associate agreements
An Associates Agreement governs the relationship between two dentists who are independent contractors but who are neither partners nor expense sharing principals. Issues covered by such an agreement may include ownership of goodwill, financial arrangements, fee assignments, bad debts, termination, non-competition and dispute resolution. Maxwell Hodge can assist in ensuring that an appropriate agreement is drafted on your behalf.
Buying and selling dental practices
We have extensive experience in the purchase and sale of practices and the practical steps surrounding practice retirement procedures.
Premises issues
Maxwell Hodge are able to provide assistance with the purchase and/or renting of commercial premises and have extensive experience in this field.
Employment advice
Maxwell Hodge have a dedicated employment team able to provide a range of advice on employment issues including contracts of employment, disciplinary and termination procedures, discrimination law and other intricate problems occurring during the employment relationship. Where a dispute arises we can help resolve it. Failing this Maxwell Hodge will provide representation in Employment Tribunals and court.
Restrictive covenants
In principle, restrictive covenants which seek to prevent Associates and other senior employees from engaging in their profession after termination of employment are anti-competitive, in restraint of trade and potentially void. However, an appropriately drafted restrictive covenant contained within a suitable agreement and freely entered into will normally be enforced provided such covenants do no more than is reasonable to protect the legitimate business interests of the ex-employer. We can draft suitable covenants which will normally relate to patients with whom the ex-Associate/employee has had contact within the recent past.
Dispute resolution
Everyone hopes that their working relationships will run smoothly. Occasionally, however, disputes will arise and it is vital that you are armed with the best possible legal advice. Maxwell Hodge will assist in setting out options and answers which may enable the problem to be resolved at an early stage. If not, however, we can assist at all levels up to arbitration and court/tribunal proceedings.
NHS Issues
The new contracts introduced for NHS dentistry in April 2006 raise important issues.
All practices doing NHS work must now consider how units of dental activity are to be delivered by principals and associates alike to avoid the consequences that might result from under performance. All practice agreements and, particularly, associates agreements should be reviewed to ensure that they take full account of those changes.
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