Physicians Be Wise Hiring a Healthcare Lawyer

1. Different Doctors need Different Types of Healthcare Lawyers

Just as different patients need different doctors, different doctors need different lawyers. In the same way that a diagnosis leads to a particular physician/specialist, your specific needs should lead to a particular healthcare lawyer.

Healthcare is one of the most regulated areas of business and general business lawyers are not equipped to handle healthcare litigation. If you're selling your practice, you need a healthcare lawyer and not a real estate attorney. Doctors need lawyers who understand healthcare law.

• Look for a healthcare law firm that focuses in the area of healthcare law that you need.
• The healthcare law firm should have substantial verifiable experience in handling very similar cases to yours.
• You may pay boutique style fees if the law firm only does your type of case. This is not necessary as long as the lawyer has a good understanding of your type of case.
  

2. Do you Really Need the "Full-Service" Law Firm?

A big healthcare corporation may need a big law firm, with litigators, tax lawyers, experts in securities laws, mergers and acquisitions, antitrust lawyers etc. Most physicians and physician practice groups need a general business attorney who is trained in health care law. A lawyer is not a better lawyer because he is on the 20th floor with a fashionable address, mahogany paneling and plush carpet - it'll be reflected in your bill.

3. Don't Hire a Healthcare Litigator to do a Healthcare Business Transaction?

Healthcare litigation and healthcare transactions are different healthcare specialties and require two very different sets of skills and mindsets. Healthcare litigation is war. Healthcare transactions are about collaboration and to get the deal done in a way that preserves the business relationship between the parties. The healthcare litigator sets out to defeat the other side while the healthcare transactional attorney seeks to represent his client's interests while crafting a deal that is still acceptable to both sides.

4. If you're Contemplating Healthcare Litigation, Hire the Right litigator.

Healthcare litigation should always be viewed as a business proposition-comparing the projected costs (times two) with the potential benefits. If it doesn't make good sense as an investment/business venture - it’s probably going to be an expensive game of tit for tat, in which only the healthcare lawyers win. Beware of the healthcare lawyer who doesn't first explore settlement, who is too eager to sue and who appears to be stoking the fires of controversy. If he feeds your anger rather than calms you down, he's going to ride your anger until you're broke.

5. Don't Try to be the Healthcare Lawyer.

You're a doctor -- not a healthcare lawyer. Although the United States is the most thriving economy in the world it also has the most complicated legal system. Congress, full time legislatures and federal agencies continuously create volumes of laws, rules, and legal regulations that affect you and your healthcare practice on a daily basis. You do not know it all – get a specialist healthcare lawyer.

6. Carefully Choose a Healthcare Lawyer

A good lawyer is worth his weight in gold - the lousy ones should be euthanized. There is no “the right lawyer” for you. Make sure that you are comfortable with and have confidence in your healthcare lawyer. Knowledge builds confidence so take your time and find out about the healthcare law firm before you sign a retainer agreement.

• Do not let advertising slogans mislead you – do your homework.
• Find out which lawyer will work on your case, billing rates, etc is and what would happen to your case if your attorney became unavailable.
• Request available information such as a brochure, press clippings and a curriculum vitae of the lawyer listing education, achievements, and experience.
• Nothing beats experience, check into the lawyer’s most recent court decisions. Most recent record of courtroom successes, jury verdict reporting services are available in every public library,
• Find out what legal/specialty organizations the lawyer belongs to. (Should at least be a member of County/State Bar Associations).
• There is no substitute for a face to face meeting when you are to establish if you would be comfortable working with the lawyer.
• Obtain references from the prospective lawyer.
• Insist on a written fee agreement. Make sure what fees are involved e.g. retainer, fixed (standard), hourly, statutory and/or contingency fees.
• It’s often worthwhile to interview a few healthcare lawyers before hiring one.
• Do not select a lawyer just to do someone else a favor.

7. Question the Lawyer's Healthcare Experience and Expertise.

During the interview don't hesitate to ask questions such as:

• Do you specialize in health care law?
• What percentage of your time is healthcare related?
• Have you dealt with this type of healthcare cases before?
• How much experience do you have with legal issues similar to mine?
• How recently have you handled a case like mine?
• How was it resolved?
• What was the outcome?

8. Don't Keep Secrets from your Healthcare Lawyer.

Thanks to the ambulance chasers, doctors typically view attorneys as the enemy and it may be hard to suspend your suspicions, even with the lawyer you've hired to represent you. However, if you want your healthcare lawyer to fully represent your interests, you must tell him everything there is to know about your situation. This is particularly critical in healthcare litigation. A litigator's worst nightmare is to be blind-sided in court by some embarrassing fact that his client failed to reveal to him and for which he is, therefore, unprepared to defend.

9. Insist on detailed billing from your Healthcare Attorney.

Most law firms bill on a monthly basis-this is the way it should be, because it enables you to track the course of your healthcare litigation or transaction and keep a handle on the healthcare legal costs. Many healthcare law firms provide a summarized billing statement which is not adequate and you should insist on a detailed bill of all activity for the month.

10. Timeliness Healthcare Legal Service.

The number one complaint about lawyers is that they don't return their phone calls. Make it clear to your healthcare lawyer, at the outset, that you expect your calls to be returned within an agreed period of time i.e. same day, within four hours, etc. At the end of the conversation, agree on the next step to be taken by the healthcare lawyer and get a commitment on a deadline for completion of that task. Follow-up on deadlines and let the lawyer know that timeliness is important to you. Finally, demonstrate your commitment to timeliness by paying your legal fees in a timely fashion. This last step will breed loyalty in your lawyer.