Author Topic: Contracts, Compliance Plan, and Meeting with Lawyer  (Read 1569 times)

asilva03

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Contracts, Compliance Plan, and Meeting with Lawyer
« on: June 25, 2011, 05:15:15 PM »
So I wrote up my contracts, compliance plan, and met with a lawyer on Wednesday.  At the meeting the lawyer told me that he would send me a letter stating whether or not his office would agree to provide me the "necessary leagal assistance and representation I had requested based on the terms set forth in the agreement, which would will also all be laid out in the letter".  Well, today is Saturday and I finally got the letter and the retainer fee is $1000.00, or $250/hr. Which I thought was ok until I started reading the letter, this is where I need some advice....

The letter states that this is a flat fee and would include research, consultation, and drafting of a services contract for my use.  The scope of representation does not include litigation of any subsequent matter related to the services contract drafted on my behalf. 

Ok, so I remember reading something posted by Linda, I think, and she said that the lawyer should, correct me if I am wrong, not only write out the verbiage for the contract but that it should be something that they should be willing to stand behind or else pretty much it is just paper with a bunch of words and legal phrases.  Does that sentence sound like they would be willing to do that??? 

Confused and wondering if I should keep looking.


PMRNC

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Re: Contracts, Compliance Plan, and Meeting with Lawyer
« Reply #1 on: June 26, 2011, 12:07:34 PM »

Quote
The letter states that this is a flat fee and would include research, consultation, and drafting of a services contract for my use.  The scope of representation does not include litigation of any subsequent matter related to the services contract drafted on my behalf. 

Nope, that's standard..What it says is that THAT fee is for representation for that particular matter you are paying for.. so if that retainer is for contract, he will not provide litigation or any services NOT related to that matter (scope of representation).  For example..you pay him his fee, he creates contract, you approve, sign and he retains a copy..he will work on your behalf for matters relating to what's in that contract.  So let's say down the road you have a client that gets in trouble for something.. there's an audit, you have to go to court.. the scope of your attorney's representation will restrict your attorney from further representation outside of that contract.    So if you are seeking only legal representation for your contract.. this is fine. If you want protection.. etc you should look into Quai Tam or Errors & Omissions and then speak with the attorney about expanding scope.. OR you could just ask him if he would be available on an "as needed basis". 
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

asilva03

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Re: Contracts, Compliance Plan, and Meeting with Lawyer
« Reply #2 on: June 26, 2011, 06:35:17 PM »
Thanks, Linda.

I was wondering because of the way it is worded.  The letter also states that their firm carriers errors and omissions insurance, which will be applicable to the legal services they would provide on my behalf.  I will also ask about the "as needed basis", but for sure look into their errors and omissions insurance and do some research to make sure that I know what to expect in pricing.

Thanks again.


QueenAlicia

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Re: Contracts, Compliance Plan, and Meeting with Lawyer
« Reply #3 on: July 06, 2011, 02:32:39 PM »
That is a good question because I met with my lawyer i May and still haven't received my contract back.

asilva03

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Re: Contracts, Compliance Plan, and Meeting with Lawyer
« Reply #4 on: July 07, 2011, 10:59:07 AM »
That is a good question because I met with my lawyer i May and still haven't received my contract back.


Wow, that's a very long time.  Have you contacted them or gone with another lawyer?

QueenAlicia

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Re: Contracts, Compliance Plan, and Meeting with Lawyer
« Reply #5 on: July 07, 2011, 03:29:39 PM »
No, I knew he was busy when I signed up with him.  He was going out of town the day after I met him.  I have contacted him and I will have it soon.