As a dentist, probably one of the single biggest commitments you'll make, both financially and emotionally, is the purchase of your own practice.
For almost 20 years, members of the Cohen Cramer Dental Division have been advising Dental Principals, Associates and Practice Managers on all of the legal aspects of Buying, Selling and Running Dental Practices.
Our solicitors have a reputation not only for providing specialist advice tailored to the specific requirements of the dental industry but also for getting the job done in accordance with our clients' requirements.
Cohen Cramer are on the list of solicitors recommended to dentists by the British Dental Association and are also long time members of the Association of Specialist Providers to Dentists (ASPD). John Grant who heads up the Dental Division is currently Chairman of the ASPD.
The Solicitors in the division are recommended by Practice Sales Agents and Valuers, Dental Accountants and Financial Advisers. The Division acts for Principals and Associates, Practice Managers and numerous Dental Corporations in all parts of the country from Bristol to Newcastle and from Ipswich to Carlisle.
Cohen Cramer are now happy to offer fixed fee quotations for carrying out most types of legal work for dentists,including Practice Sales and Purchases, Expense Sharing or Shareholders Agreements and Associate and Hygienist Contracts.
For most dentists the single biggest commitment they will make is the purchase of their own Practice.
For most, the second biggest will be the disposal of that Practice!
These days, more than ever, it is necessary to have specialist advice when dealing with these types of transactions.
If you are buying an NHS Practice, how do you make sure that the benefit of a Seller's GDS or PDS contract is transferred to you?
If you are buying a Practice with a large number of Denplan patients, how do you ensure that you will not become responsible of a Seller's clinical neglect or incorrect banding of patients?
If you are selling a Practice how do you ensure that you are paid for a partially completed course of treatment? How do you ensure that you are not responsible for the actions of the Buyer and that ongoing contracts – such as those for the disposal of clinical waste - are properly transferred to a buyer?
By far, the safest and most secure method of ensuring that these type of issues are dealt with properly is to engage a solicitor who specialises in this area – who, for example has grappled with the complexities of the transfer of NHS contracts since their inception in April 2006, who has dealt with sales and purchases by dental corporates since the change in the regulations permitted limited companies to own the goodwill of dental Practices.
The Dental Division at Cohen Cramer has the necessary expertise and has a reputation, second to none, for getting the job done in accordance with their client’s requirements.
The Division also recognises that one of the biggest concerns facing those who require the services of a solicitor is the uncertainty over the level of fees which the provision of an "estimate" simply does not address.
This is why, at Cohen Cramer we are happy to offer a fixed fee quotation for acting on the Acquisition or Disposal of a Dental Practice.
If you are practicing jointly with another dentist, dentists or registered dental professional then the numerous issues which will arise for the proper running of your Practice need to be considered, discussed and incorporated into a suitable agreement. This applies equally whether you Practice under an expense sharing arrangement, in partnership or whether you have formed a Limited Liability Partnership (LLP) or Limited Company.
Issues such as retirement and expulsion, prolonged absence due to ill health or accident and even death need to be dealt with and suitable provision made. Without a written agreement issues such as these could lead to dispute and extremely expensive civil litigation in the courts.
As well as providing protection for your Practice and agreement as to the manner in which the Practice will be managed, there can also be substantial tax benefits to having in place an agreement drafted by someone with the necessary experience and expertise.
We are happy to work with your accountants and other professional advisers in order to ensure that the end result is entirely satisfactory for your purposes.
We are happy to provide a fixed fee quotation to provide a bespoke agreement for your Practice.
How do you ensure that your associate does not leave and set up in competition with your Practice?
How do you protect your Practice against an associate's or hygienist's negligent work?
How do you address underperformance of UDA targets?
What happens if your associate or therapist is away from work due to ill health?
Without a written contract, your Practice may be exposed to all manner of potential difficulties which can be effectively dealt with by the provision of a professionally drafted contract.
At Cohen Cramer not only do we recognise the importance of having these types of contracts in place, we also believe that your Practice is unique and that it is therefore imperative that Practice Principles have bespoke contracts in place to meet the particular needs of your Practice. The provisions of a contract for an Associate working at an exclusively NHS Practice may be substantially different to those working at a Private or primarily cosmetic Practice.
The Dental Division of Cohen Cramer will provide your Practice with contracts which will not only protect your Practice but also will be specifically drafted to meet the specific needs of your Practice.
We are happy to provide a fixed fee quotation to provide a bespoke agreement for your Practice.
Since 1978 there has been a statutory requirement to provide all staff with a written statement of the main terms and conditions of their employment.
Since 2004 there has been a statutory requirement to have written disciplinary and grievance procedures.
Without a written equal opportunities policy it will be virtually impossible to successfully defend any claim of discrimination against your Practice.
Since April 2008 employers may be liable for the discriminatory acts not only by principles or other members of staff but also of a practice's clients or patients.
There are many other "defensive" reasons for having in place contracts, policies and procedures. At Cohen Cramer however we believe that there are as many "positive" reasons for providing your staff with such documentation.
Good staff can be one of your practice's best assets, while poor staff can be one of your biggest liabilities.
Without professionally drafted contracts, handbooks, policies and procedures you are less likely to get the most from your good staff and are far less likely to address the poor performance of your poor staff. At Cohen Cramer we have many years' experience in providing such documentation to our commercial clients and to our dentist clients in particular.
It is not however, we believe, sufficient simply to draft and provide these documents – what is equally important is that our clients fully understand and are able to properly utilize the documents that we prepare for them.
In this way we believe we can help you to get the best from your staff and therefore maximize their potential to your Practice.
We are happy to provide a fixed fee quotation for carrying out this work for you
Managing Partner
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