Collaborating with contract attorneys
Posted by Jackie Farley
While recruiters play a crucial role in connecting talented physicians with the right opportunities within their healthcare organization, when it comes to finalizing physician contracts and ensuring a smooth hiring process, working with attorneys is often essential.
The role of attorneys in physician recruitment
Attorneys bring a particular set of skills and expertise to the table during the physician recruitment process. They help ensure the legal aspects of physician employment contracts and the hiring process adhere to all relevant laws and regulations. Their roles can include:
- Contract review: Attorneys review employment contracts to ensure they are legally sound, protecting both the physician and the healthcare organization.
- Compliance: Attorneys help ensure the recruitment process complies with federal and state laws, as well as industry-specific regulations.
- Negotiation: Attorneys can help assist contract negotiations, ensuring both parties’ interests are represented and helping to reach mutually beneficial agreements.
- Risk Mitigation: Attorneys can help identify and address potential legal risks, minimizing the likelihood of future disputes or complications.
Effective collaboration between recruiters and attorneys
Here are some suggestions to help establish a smooth and effective collaboration with attorneys:
- Establish clear communication: To be the most effective, attorneys need to understand the organization’s priorities and the physician’s goals. Maintain an open and clean communication with the attorney throughout the recruitment process.
- Early involvement: Involve attorneys early in the process by discussing potential hires and sharing their credentials and background. This will help the attorney understand the specific needs of the position.
- Understand legal nuances: Be open to the attorney’s insights and expertise in legal nuances. While you may be knowledgeable about the medical field, it’s important to recognize attorneys are experts in legal matters.
- Collaborative negotiation: It’s critical you work in collaboration with the attorney during contract negotiations since their legal expertise can be invaluable in addressing contractual concerns and reaching equitable agreements.
- Transparency and compliance: Ensure all recruitment practices are transparent and in compliance with all relevant laws and regulations. Work with the attorney to address or avoid any legal concerns and maintain ethical hiring practices.
- Legal guidance for physicians: If physicians are unfamiliar with the contract review process, suggest potential new hires seek legal counsel to help guide them through the process, and look after their interests.
- Responsive communication: Both recruiters and attorneys should respond to inquiries promptly to provide any information necessary to facilitate the hiring process. Keeping communication timely is essential.
What physician recruiters should know when dealing with attorneys
When working with attorneys for potential hires, there are four things you should keep in mind:
- Attorneys are allies not adversaries: The attorneys are not there to hinder the recruitment process but to ensure it proceeds in a legal and ethical manner.
- Confidentiality: Any information shared with attorneys should be kept confidential, and you should inform potential hires that their attorney’s role is to protect their interests while maintaining confidentiality.
- Legal fees: Be prepared for and budget for the legal fees. Understand the costs incurred during the process are an investment toward a smooth and legally compliant hiring process.
- Legal expertise varies: Since not all attorneys are well versed in healthcare law, it’s crucial to work with attorneys who have experience in healthcare or physician contract law.
Working hand in hand with legal professionals ultimately benefits healthcare organizations, physicians and the entire medical community.