04 Sept 2019
54m

Episode 137: Contracts and Negotiation with Steve Kaufman

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Anesthesia and Critical Care Reviews and Commentary (ACCRAC) Podcast

Physician contract negotiation is explored with Steve Kaufman, a lawyer specializing in advising doctors. Two major mistakes doctors make are thinking they can handle contracts themselves and assuming contract terms are non-negotiable "standard" language. Doctors should always seek expert advice due to the complexity of legal language and the inherent bias in self-representation. Kaufman stresses that almost everything in a contract is negotiable, regardless of experience level. He advises listeners to learn reflective listening and to not underestimate the power of silence during negotiation. Non-compete clauses are generally enforceable, varying by state, and should be carefully scrutinized, especially for specialties like anesthesiology where they may not be justifiable.

Outlines

Part 1: Introduction, Legal Context

Part 2: Common Mistakes, The "Standard" Trap

Part 3: Negotiation Strategy, Psychology

Part 4: Non-Compete Clauses, Legal Realities

Part 5: Conclusion, Advertisements

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