The purpose of this article is to provide the physician with tips for hiring a lawyer. Just as different patients need different doctors, different doctors need different lawyers. In the same way that a diagnosis leads to a particular physician/specialist, your specific needs should lead to a particular lawyer. This article will address a handful of issues and situations commonly faced by physicians when selecting and working with lawyers. For each topic, I will then suggest an approach that, I believe, will get your lawyer's attention and get you results.

One caveat. The relationship between the doctor and his lawyer can be complicated and this is a short article. Accordingly, I will need to make general statements on broad topics and will also make some generalizations to make my points. Nonetheless, I think you may find this article useful. I hope to take away some of the stress associated with hiring a lawyer and make you a better consumer of legal services.

Question the lawyer's experience and expertise. Don't hesitate to ask questions such as: "Do you specialize in health care law?" "What percent of your practice is health care related?" "Have you done this type of deal before?" "Can you supply me with references?" The world in which the doctor lives and works is foreign to most lawyers. As you are painfully aware, healthcare is one of the most regulated areas of business in this society. The typical general business lawyer is not equipped to handle healthcare matters and can get you in trouble. If you're selling a house, you need a real estate lawyer, but if you're selling your practice, you need a healthcare lawyer. Doctors need lawyers who understand healthcare law.

Do you really need the "full-service" law firm? A big healthcare Corporation may need a big law firm, with litigators, tax lawyers, experts in securities laws, mergers and acquisitions, antitrust lawyers etc. Most physicians and physician practice groups need a general business attorney who is trained in health care law. Another point, a lawyer doesn't become a better lawyer by simply moving him to the 20th floor -- and watch out for that fashionable address, the mahogany paneling and the plush carpet - it'll be reflected in your bill. Somebody has to pay for it. On the other hand, if you are facing an antitrust claim by the government, you probably do need one of those litigation subspecialists often found in the big firm. In that case and at that time, your healthcare lawyer will find the right lawyer on the 20th floor. Until then, why pay for the carpet?

Don't hire a litigator to do a business transaction. Litigation and transactions require two very different sets of skills and two very different mindsets. These are different specialties. Litigation is war. Transactions are about collaboration. It=s often important to get the deal done in a way that preserves the business relationship between the parties. A good transactional lawyer is attuned to this issue. The litigator sets out to defeat the other side while the transactional attorney seeks to represent his client's interests while crafting a deal that is still acceptable to both sides. The most expensive deals I've done, have been those deals where the other side was represented by a litigator. They fight over everything. On the other hand, while I like to negotiate, even difficult negotiations, I'm not a litigator and when the contract has been seriously breached and the business relationship is gone, I consult a litigator.

If you're contemplating litigation, hire the right litigator. Litigation should always be viewed as a business proposition-comparing the projected costs (times two) with the potential benefits. If it doesn't make good sense as an investment/business venture-its probably going to be an expensive game of tit for tat, in which only the lawyers win. Beware of the lawyer who doesn't first explore settlement, who is too eager to sue and who appears to be stoking the fires of controversy. If he feeds your anger rather than calms you down, he's going to ride your anger until you're broke.

Don't keep secrets from your lawyer. Thanks to the ambulance chasers, doctors typically view lawyers as the enemy and it may be hard to suspend your suspicions, even with the lawyer you've hired to represent you. However, if you want your lawyer to fully represent your interests, you must tell him everything there is to know about your situation. This is particularly critical in litigation. A litigator's worst nightmare is to be blind-sided in court by some embarrassing fact that his client failed to reveal to him and for which he is, therefore, unprepared to defend.

Insist on detailed billing. Most law firms bill on a monthly basis-this is the way it should be, because it enables you to track the course of your litigation or transaction and keep a handle on the costs. Many law firms provide billing statements that only summarize or describe in general terms the work performed by the firm. In my opinion, this is not sufficient. You should insist on a detailed bill of all activity for the month. In a detailed bill, the typical entry would read, for example-- Telephone call to Dr. Smith regarding noncompetition provision -- .2. This tells you who was called, what was discussed, and the amount of time that was spent on the call -- 2/10 of an hour or 12 minutes. Finally, if you have a question regarding the bill, don't hesitate to ask for an explanation.

Timeliness. The number one complaint about lawyers is that they don't return their phone calls. Make it clear to your lawyer, at the outset, that you expect your calls to be returned within the same half-day, that is within, four hours. At the end of the conversation, agree on the next step to be taken by the lawyer and get a commitment on a deadline for completion of that task. Follow-up on deadlines and let the lawyer know that timeliness is important to you. Finally, demonstrate your commitment to timeliness by paying your legal fees in a timely fashion. This last step will breed loyalty in your lawyer.

Don't try to be the lawyer. You're a doctor -- not a lawyer. If you don't trust your lawyer's advice, it's time to get a new lawyer. On the other hand, if you think you have a good lawyer, then you should follow his advice.

Choose carefully. A good lawyer is worth his weight in gold -- the lousy ones should be euthanized. Its often worthwhile to interview a few lawyers before hiring one. Take your time. It's an important decision.

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Timothy E. Monaghan, M.B.A., J.D., is a shareholder in the Delray Beach law firm of Strawn, Monaghan & Cohen, P.A. He specializes in health care law and routinely represents doctors in business matters. Mr. Monaghan can be reached by calling (561) 278-9400.