The Big 10 Expansion Groundswell

[falafel]

I'd love to hear the inner thoughts of attorneys as they Draft these contracts or review them. "idiot, I can't believe you guys are falling for this". That will be $5000.

If it is about access to representation, why do these organizations support non competes for healthcare? There is dramatically more of a shortage in healthcare than in law.

via a galaxy s3 far far away

Joe is right. Its unethical to contract to limit a client's ability to chose a lawyer.

[Donuthole]

And that is why I asked a question, not stating a fact.

Stating a fact and then putting a question mark at the end of it is not asking a question. It is stating a fact and then putting a question mark at the end of it.

I cant believe you fell for that, you idiot. That will be $5,000.

[doctorcoug]

I'm not sure to which organizations you refer or what support you suggest they are giving. I don't know how it is in other states, but in California non-compete clauses are enforceable only in very narrow circumstances.

One of those circumstances is the sale of a business. To change your example somewhat, assume chiropractor A hires chiropractor B. After a few years, A offers to sell her practice to B for $X, which is a multiple of average annual revenue for the past three years. B agrees. A then opens a new office next door and invites all her former clients to switch to the new office with her. They have a long-standing relationship with her and gladly make the switch. California law allows for some protections against this in the sale agreement.

Organizations wasn't the correct term. The better question is why aren't State organizations making it unethical to write non-compete clauses for physicians, since the situation is almost identical in scope?

Also, most physicians in this day are not private practice owners; they are hospital employees and pretty much every contract has an absolute non-compete based upon distance and time. This is not a sale of a business. What happens is the doctors work for an organization with a salary guarantee, then after a certain time they go on production. If they don't meet production or just don't like the employer, then they have to move to a different county or state. It is terrible for the patients in some situations. In my tiny town there was no doctor for over a year because of a non-compete. Now, I'm totally bound here because of my non-compete (we are happy, but I'm still bound here unless we move hundreds of miles, literally).

Sorry for the threadjack.

[doctorcoug]

Stating a fact and then putting a question mark at the end of it is not asking a question. It is stating a fact and then putting a question mark at the end of it.

I cant believe you fell for that, you idiot. That will be $5,000.

Sorry, AssDonuthole, you misunderstood me. I was really asking a question.

[falafel]

Organizations wasn't the correct term. The better question is why aren't State organizations making it unethical to write non-compete clauses for physicians, since the situation is almost identical in scope?

The short answer is that state bars don't have any responsibility or authority to protect patients' access to health care.

[doctorcoug]

The short answer is that state bars don't have any responsibility or authority to protect patients' access to health care.

That is the best argument I've heard for this. It is really quite simple. It doesn't get around the ethics, though. "hey, we think this is unethical, but you want it and will pay me for it, so, here you go".

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[YOhio]

Many people on the internet are saying that the B1G is about to invite Georgia Tech to the fold. On another note, two of the most prominent teams in the B1G are banned from postseason play. lol.

[The_Douger]

If GaTech and UNC go, they'll tear up the ACC as far as relevant football teams and the ACC will just exist as the former BE with Duke and Wake in addition.

Should be interesting.

[dabrockster]

Many people on the internet are saying that the B1G is about to invite Georgia Tech to the fold. On another note, two of the most prominent teams in the B1G are banned from postseason play. lol.

location location location...

[Mormon Red Death]

Organizations wasn't the correct term. The better question is why aren't State organizations making it unethical to write non-compete clauses for physicians, since the situation is almost identical in scope?

Also, most physicians in this day are not private practice owners; they are hospital employees and pretty much every contract has an absolute non-compete based upon distance and time. This is not a sale of a business. What happens is the doctors work for an organization with a salary guarantee, then after a certain time they go on production. If they don't meet production or just don't like the employer, then they have to move to a different county or state. It is terrible for the patients in some situations. In my tiny town there was no doctor for over a year because of a non-compete. Now, I'm totally bound here because of my non-compete (we are happy, but I'm still bound here unless we move hundreds of miles, literally).

Sorry for the threadjack.

This is not true of most physicians. It might be true of Residents but board certified Docs this is not generally the case.

[FMCoug]

It seems to me (a non-lawyer) that non-competes are almost universally used in contracts and just as universally un-enforceable. My theory is that employers figure a) employees won't know better and b) I have deeper pockets so I can sue them anyway, even knowing I will lose, and they can't afford to defend it.

[doctorcoug]

This is not true of most physicians. It might be true of Residents but board certified Docs this is not generally the case.

Seriously? 1/3 of physicians will be in private practice next year. That is a majority.

Also, I'm a board certified physician, FYI.

[Donuthole]

Also, I'm a board certified physician, FYI.

Lol. D.O.ctorcoug, you crack me up.

[Flystripper]

Really? Football talk is now non-compete talk? If that is the case does anyone want to talk how non-competes are valued? I do that on a daily basis!

[doctorcoug]

Lol. D.O.ctorcoug, you crack me up.

Good. Thanks for reminding me that those letters mean I've probably forgotten more than you'll ever learn.

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