Business Law For Doctors, Dentists And Other Health Professionals
Many professional practices incur unnecessary legal expenses because they have failed to plan properly or take preventative measures. Many times, a skilled legal adviser can help you avoid disputes that otherwise may lead to expensive litigation.
At Brian V. Ebert, P.C., our business law attorneys help business owners in Virginia, Maryland, Washington, D.C. and beyond. From our office in Fairfax, we help professionals save money by providing them with sound, cost-effective legal advice.
Attorneys For Business Owners
The business lawyers at our firm assist clients in many areas for health care professional practices and other clients, including the following:
- The organization of business entities such as corporations, limited liability corporations (LLCs), partnerships, limited liability partnerships (LLPs), joint ventures, professional corporations (P.C.s), and sole proprietorships
- Sales, acquisitions and mergers of businesses, including stock purchases and asset purchases
- Consulting agreements and independent contractor agreements
- Uniform Commercial Code matters
- Sale of goods
- Asset purchase agreements
- Franchisee representation
- Real estate sale or purchase contracts
- Agency agreements
- Software licenses and agreements
- Nondisclosure agreements
- Promissory notes, security agreements, pledge agreements, escrow agreements, guarantees and suretyship matters
- Shareholder matters and agreements
- Operating and partnership agreements
- Stock matters
- Corporate officer, director matters and agreements
- Buy-sell agreements
- Reorganization and split-up arrangements
- Employment agreements
- Employee/personnel manuals
- Covenants not to compete
- Nonsolicitation agreements
- Confidentiality agreements
- Trade secrets
- Employee fraud, breach of fiduciary duty, breach of loyalty
Beyond providing legal guidance and assistance with business and commercial transactions, our commercial attorneys can also represent you and your organization through conflicts. When disputes arise, our business litigation attorneys can represent your interests and negotiate a resolution on your behalf, proceeding to trial if necessary.
Frequently Asked Questions About Virginia Business Law
It is natural to have questions when navigating legal business matters. The answers to common concerns can help you understand your situation.
When buying or selling dental and medical practices, what are some key legal areas to consider?
Buying and selling professional practices can be much more complex than you may expect. Some of the different legal considerations include the following.
- Ownership structures, such as whether the practice is owned by one individual or a partnership
- Due diligence regarding practice values, legal documentation and compliance
- Real estate contracts, whether that real estate is owned by the practice or leased from a third party
- Purchase agreements that outline contingency clauses, the overall price, the terms of the sale, the purchase and transfer date and any other related issues
- Employment law considerations, such as maintaining or replacing existing staff members
- Regulatory compliance, addressing both federal and state laws
Our experienced Virginia business law team can help you address these and other concerns so that the transfer goes smoothly.
What can I do to buy out my medical practice partner legally?
Buying out a partner requires careful planning and strict compliance with governing documents. Start by reviewing your partnership agreement, operating agreement or shareholder agreement. These contracts usually outline buyout procedures, valuation methods and any restrictions on transferring ownership. If no agreement exists, Virginia partnership and business laws will control the process.
You will need a formal valuation to determine the fair market value of your partner’s ownership share. Financial records, assets, liabilities and goodwill all factor into this calculation. Typically, the next step involves negotiating terms, including payment structure, transition timelines and any noncompete or patient‑notification obligations.
If the practice lacks sufficient capital, buyouts can be financed through business loans, personal financing or outside investment. An attorney can help ensure your transaction complies with Virginia law and protects the practice moving forward.
In Virginia, are verbal agreements in medical practice partnerships legally binding?
Under Virginia law, verbal contracts can sometimes be used. However, they must still satisfy the basic elements that apply to any contractual agreement: Offer, acceptance and consideration.
While a verbal contract may be valid, it is wise to use a written agreement whenever possible. Verbal contracts are notoriously difficult to enforce, as both parties may have a different interpretation or memory of what terms were agreed to and what obligations exist on both sides of the contract. Written documentation provides legal weight to professional agreements, but verbal contracts do not.
Consult A Business Lawyer For Your Professional Practice
If you are a small professional practice, it is important that you hire a business and commercial law attorney who has the experience to answer your complicated legal questions. At Brian V. Ebert, P.C., we have experience in a wide array of business and commercial law matters and pride ourselves in providing clients with cost-effective solutions that meet our clients’ needs.
Contact our Fairfax law office today at 703-281-9000 to schedule an evaluation of your case or dispute with one of our experienced business attorneys. You can also reach us by sending a message through our website.