| GETTING A BETTER DEAL MIGHT REQUIRE A MULTI-PART APPROACH |
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As Harry Nilsson wrote, and Three Dog Night sang, "One is the loneliest number that you'll ever do."
Loneliness (that is, characterized by aloneness) is also the reason why it's common for contracts to be contained within one fully integrated document: The "whole agreement" can be found in one place, leaving less ambiguity (one hopes!) about what the parties intend their deal to be. That way, it's easier to enforce the deal, or so the story goes.
But just because that's the general rule does not make it the best way to approach contracting in every instance.
In some cases, it makes much more sense to accept more risk in terms of how a court might construe the "deal" in return for binding the other party to a set of terms that would never be possible, from a negotiating standpoint, if the entire arrangement were reflected in one document. And, in some cases, a multi-document agreement achieves what one document can never do: It becomes both stronger and more flexible.
In those instances, no matter how much more likely it would be that a single document, as compared with a multi-part document, would be enforced, it would not, by definition, contain the complete deal that you seek.
But just as it might not make sense to always use one fully integrated agreement, don't make the mistake of assuming that it's always the case that a multi-pronged attack is always preferable. To quote that sage Harry Nilsson once again, "Two can be as bad as one, it's the loneliest number since the number one."
The goal is to obtain the best overall contract terms possible. Achieving that goal requires that we carefully craft the correct strategy in connection with the structure of the relationship with the other party, in connection with the structure of the negotiation, as well as in connection with the structure of the agreement.
[If you'd like to hear Three Dog Night deliver their version of this advice á la Harry Nilsson and learn more about this contract negotiation technique, click here.]
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DON'T DESTROY YOUR BRAND
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| RECENTLY PUBLISHED ARTICLES |
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Mark was also quoted as an expert in Red Flags Issue is Raised by Caroline Helwick appearing in the August 2009 edition of Anesthesiology News. Click here to read (free registration required).
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| PHONE SEMINAR:
HOW TO TURN $2.93 OR LESS
INTO MORE MONEY, MORE REFERRALS, AND MORE SATISFIED PATIENTS |
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$2.93 or less is all it takes to get your practice on the way to more money, more referrals and more satisfied patients.
Listen in as Mark teaches you this simple yet extremely powerful technique to transform your practice.
Cost: $597 per location
Date: October 7, 2009
Time: 3:00 PDT/5:00 CDT/6:00 EDT - Approximately 20 minutes in length.
The deadline for registration is October 5, 2009.
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THE IMMEDIATE LEADER EXPERIENCE™
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You're a physician who wants to form a medical group and, among other things, subcontract with or employ other physicians, enter into exclusive contacts, obtain significant stipend support money, create related entities to increase protection and the like. And you want to come up to speed on all of this immediately.
Or, you're the new leader of an existing group with complex practice and business operations -- you need to understand how to master the group's organizational, operational and leadership issues -- and you need to be brought up to speed immediately.
After having regularly dealt for many years with physicians in both of these contexts, we've designed a process to deliver immediate results: The Immediate Leader Experience™.
The Immediate Leader Experience™ takes place over a weekend in Santa Barbara, California and includes two nights accommodation at the Four Seasons Santa Barbara Biltmore Hotel.
In two short days, you'll be entirely up to speed, totally prepared and confident. You'll be armed with tools and sample documents.
Due to the nature of this program, admission is upon interview only -- there is extremely limited availability. As of this date, the the strikethroughs indicate booked/unavailable dates: September 26-27. October: 3-4; 10-11; 17-18; 24-25; 31-Nov 1; Nov 7-8; 14-15; 21-22; 28-29; December 5-6; 12-13.
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THE WISDOM. APPLIED. BLOG |
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