Employment Agreements

Arguably, one of the most important clauses in any physician employment agreement is the non-compete clause, which is also known as a "restrictive covenant." These clauses can have significant ramifications for the doctor long after the employment has ended. Non-compete clauses bar the doctor from practising his profession within the region of his old employer for a certain period of time.

Before signing an employment contract, physicians should closely scrutinize the employment agreement, including the non-compete clause. Some physicians assume that most restrictive covenants are not enforceable. Others figure the physician employment agreement is never negotiable. Unfortunately, both conclusions are incorrect. Non-compete clauses are often--though, not always--enforced by the courts. And, doctors who simply sign an employment agreement without obtaining the advice of a healthcare lawyer do so at their own peril.

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Raymond Iryami Law Firm P.C.
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Telephone: 212-599-1081
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Raymond Iryami Law Firm P.C.
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Telephone: 516-336-2586
Fax: 516-706-1540

So I was asked the other night by someone I met at a function if a particular lawyer was the "best lawyer in New York"? Best lawyer in New York? Hmmm.

The question was quite natural. We all want to use the "best lawyer" we can find. And for the money that lawyers often charge, we figure, he or she better be the best! Still, the notion of the 'best lawyer in New York' is a bit more complicated.

Ultimately, you want to choose the best lawyer in New York--for you and your particular matter.

To begin with, you need to make sure that the attorney of your choice handles the kind of matter you need. Your podiatrist brother-in-law may indeed be among the best in his profession, but he would be the first to refer you to a cardiologist if you are complaining of chest pains. To a certain extent, similar concepts apply in choosing a lawyer. I, for example, have never handled a divorce case in my years of legal practice and would be the first to refer such cases to those who do handle them.

That is not to say you need New York's most specialized lawyer in every matter. If you are looking to start your own small business, you don't necessarily need to hire a lawyer who has been hired by Microsoft. Sure, you do need a lawyer who is familiar with New York corporate law, but you are probably wasting your money if you are hiring for your start-up venture a law firm that primarily handles Fortune 500 companies.

In the end, the choice of the best lawyer for you may come down to comfort level and trust. You need to make sure that you can trust your own lawyer. How can you tell? Asking trusted friends is one way. Having a conversation with the lawyer can sometimes give you some clues. And, sometimes you have a third way.

That third way is to see if others have trusted him. Lawyers often list their affiliations with various professional or charitable organizations on their web sites. See if the lawyer has been entrusted with positions of trust and leadership in such organizations. No, it's not a guarantee. But using a lawyer who has been entrusted by a number of organizations and associations may be worthy of your trust as well.

Or maybe not. As I said before, the matter of the "best lawyer" is really a matter of the best lawyer--for you.

Welcome to the Raymond Iryami Law Firm P.C. Blog! Here, we hope to share with you news, information, and perspective relevant to our practice areas and community. We hope you will find such information helpful. Naturally, we are also here to answer your questions. Please feel free to email me at raymond@raymondiryami.com.