Since its inception in 1822, Fletcher Tilton has served countless medical practices as counsel through many stages and transitions, from inception through growth, to succession planning, and sometimes eventual transfer of the practice to the next generation of physicians. Putting the right legal frameworks in place enables medical professionals to concentrate on their practices and their patients.
Selection of Entity
We help clients determine the best entity for their practice, whether it be a Sole Proprietorship, C Corporation, S Corporation, or Limited Liability Company (LLC). In this process, we review how each entity affects the company’s tax status, liability, creditor protection, and the implications for employees, shareholders, and estate planning. When the best entity has been determined, we help clients draft and file the appropriate legal documents. We also advise clients on how to set up corporate governance from the outset, and how to select board members.
Contracts & Permits
In contract and lease negotiations with customers or suppliers, we ensure our clients have sound contract language that protects them from liability and financial exposure. We recommend that we review any contracts that clients are being asked to sign, and we will draft proper contracts for clients to implement.
Every business enterprise requires an array of permits and licenses. We help clients determine
what is required, navigate the application process successfully, and represent clients in front of permitting authorities when necessary.
Labor & Employment
The attorneys in our Labor & Employment practice help medical practices determine whether it’s best to hire an individual as an employee or as an independent contractor, how to determine wage classifications, and how to set up employee policies and training to protect the practice from litigation and to comply with all current labor and disability statutes. When a medical practice is contemplating disciplining or terminating an employee or are dealing with a discrimination or sexual harassment complaint, our attorneys will advise on the best way to proceed.
When medical practices seek to hire foreign nationals, our Immigration Practice Group provides comprehensive immigration services, advice and counsel. Fletcher Tilton provides clients with a scalable service delivery model that can support both small and large-scale immigration programs.
Non-compete & Non-disclosure Agreements
We help companies determine whether the implementation of non-compete and/or nondisclosure agreements is appropriate to their business, and draft them according to the provisions of law.
Real Estate Acquisition
When contemplating the acquisition of real estate either with existing structures in place or with the intent to build, we recommend clients contact us at the beginning of the search and before a purchase and sale agreement is signed. Our Real Estate attorneys help clients with permitting, zoning, development, abatements, and agreement terms so that the transaction is as advantageous as possible.
When a practice needs to raise money for expansion, to relocate, etc., our Commercial Finance team can help. We represent and advise borrowers on all aspects of their financing requirements including: acquisition financing; capital and recapitalization financing; SBA and bond financing (public and private placement); real estate and construction financing, mezzanine and bridge financing; restructuring debt. We help clients explore financing options that may range from simple unsecured family loans to sophisticated stock pledges and other commercial transactions.
Document Preparation & Maintenance
We prepare and file organizational documents such as articles of organization, general and limited partnership agreements, and limited liability company operating agreements, as well as handle required tax filings with the Internal Revenue Service and Massachusetts Department of Revenue. We also maintain clients’ minute books, prepare minutes of shareholders and directors meetings and review corporate records on an annual basis to keep clients in good standing and their corporate records up to date.
Business and Tax Planning
In addition to general business advice, our highly sophisticated tax attorneys provide advice on all aspects of business planning, operation and tax compliance. We have extensive experience and success at negotiating with federal and state tax authorities regarding individual and corporate audits.
Litigation and lawsuits can be costly and disruptive, even when you believe you and your practice are not at fault. Complying with the law in your employment practices and contracts is crucial to averting litigation. At the first sign of trouble, be sure to contact your attorney so that your next steps lead you away from, not toward, litigation.
At some point in each successful medical practice, the founding generation of physicians begins to transition management and ownership of the business to the next generation. This transition has important financial and tax consequences to each generation of owners and to the long-term success of the practice. Our firm provides sophisticated financial and tax advice to our clients on such transition issues. We help our clients to prepare a thoughtful plan so that the economics and related taxes of the transition are acceptable to each generation and ensure the future viability of the business.