Jaw Law Podcast

What can make a deal fall apart? Is it money? Legal terms? In this episode, dental lawyer Joseph McGregor will talk about the role effective communication plays in the success or failure of a practice negotiation.

We are seeing increased activity in practice mergers and patient chart acquisitions. In this episode, we explore the difference, and common pitfalls to avoid.

More than you ever wanted to know about how common (or uncommon) reserved parking is in leasing, and how best to obtain it.  

There are so many dental podcasts, but are there too many? In this episode we briefly discuss the pros and the cons of so many podcast offerings, some of which contradict each other.

If you want to save yourself some time on the most frequently asked question, the answer is “probably.” But, if you want to learn a little more about the when, how, why, and the sometimes why not, then tune in to this episode.

When buying a practice, what do we mean by saying the seller and the buyer are a “good fit?” In this episode, we explore some intangibles to consider when buying a practice, including some slightly controversial topics.

What is Goodwill, and why do some people make such a huge fuss over it when buying or selling a dental practice? In this episode we define goodwill, lightly touch on its tax implications, and explore why it's one of the most misunderstood aspects of the dental acquisition process.

Ever wonder what hidden provisions lurk inside your lease, waiting to bite when you least expect it? An increasingly common problematic provision is “excess consideration,” where a landlord may obligate you to hand over whatever you make from the sale of your practice. In this episode Joe McGregor discusses the concept of lease assignments, the reason landlords seek “excess consideration” clauses, and why you should never agree to one.

If you ever buy commercial property, this niche episode is for you. In this one we dive into the nooks and crannies of title insurance, and discuss why this may be an underrated aspect of the real estate purchase process.

Everyone wants to negotiate the best contract possible. But how can you tell if your demands are reasonable? Are you simply being “aggressive” or have you crossed the line into “unrealistic” and “difficult?” In this episode Joe discusses a few simple metrics you can employ to measure whether or not your expectations are reasonable.  

Whatever happened to the “handshake deal?” Is that still a thing? And if so, is it enough? In this episode we discuss when a handshake deal might be fine, and why usually it is not.

One of the most disruptive aspects of a practice transition is the assignment of the lease. Not adequately preparing for it can kill a deal. In this episode we explain what an assignment is, what the assignment process looks like, and what pitfalls to avoid.

A lot of thought leaders have great things to say about how to handle bad, abusive, or fake online reviews (they really do), but what does the law say that your options are? In this episode Joe explains the legal battlefield around what people can or cannot say about you publicly.

Remember when your job was recruiting you and your boss promised how much you’d make, or how they wouldn’t schedule you on Fridays? What if that, or anything else they promised, doesn’t make it into your contract? Does the fact that it was in an email make it more valid? In this episode Joe explores one of the more fun legal words to say, and what that word says about verbal promises in your contract.

What does the “solicitation” in your non-solicitation actually mean? That you cannot call former patients? Or treat them at all? What if they find you? We explore these questions, and more, in today’s episode.  

Does a Right of First Refusal mean what you think it means? What is the difference between that and a right of first offer, or a purchase option? In this episode, we explore which of these concepts is best to have, and how hard they might be to get.

Do you get excited by legal gobbledlygook? Neither do we, but that doesn’t mean it’s not incredibly important to your contract. In this episode, we tackle the mind-numbingly boring concept of indemnification and do what we can to make it make sense.

What’s the saddest phone call we get? Probably the one from the guy who just spent 3 years working under a promise to buy into the practice and then SURPRISE! The practice has been sold to corporate dental. In this episode, we discuss what you need to do in order to protect promises made to you to buy into the practice recruiting you.

Why isn’t your lawyer as dramatic as Lt. Daniel Kaffee, and why isn’t the negotiation of your employment agreement as contentious as an episode of Law & Order? In this episode, we explain the key differences between the types of cases that feature on TV, and the types of lawyers that handle dental transactions.

Are you getting ripped off by signing a 10-year lease? Are you taking on unnecessary risks by taking on such a long lease term? Is your broker pushing you into a long lease only because it benefits him? In this episode, Joe explores the factors that influence lease term, and why what you’ve read on the internet may not be the complete story.

Conventional wisdom says that if you give an associate some “skin in the game” via partial ownership, that associate will be more invested in the success of the office. In this episode, Joe challenges this conventional wisdom. He discusses when it may work, and when it may not, and the headaches that come when it does not produce a long-term meaningful improvement in an associate.

Why are so many satellite offices for sale out there? What went wrong? And, how do you know when you’re ready to make the jump to another office? In this episode, Joe walks through his observations of where so many practice owners go wrong when trying to expand, and how to avoid the same pitfalls.

In this episode, Joe explores a few lingering issues resulting from COVID, like whether to claim COVID on insurance, what happens if you run out of PPE, and if your employer can renegotiate your contract.

Joe shares valuable business lessons the firm has learned over the years providing service for dental practices. Part two of two. 

Joe shares valuable business lessons the firm has learned over the years providing service for dental practices. Part one of two

Keep it local? Joe discusses using dental-specific vendors versus local vendors for your practice needs.

Joe explains why using dental-specific Insurancers for your practice may give you an edge while protecting your practice.

Joe keeps it positive by explaining why using dental-specific bankers for your practice loans may make life a lot easier.

Joe keeps it positive by explaining why using a dental-specific CPA for your practice may make life easier.

Joe keeps it positive by explaining why using a dental-specific real estate broker for your practice may decrease headaches and improve success.

Joe tries to keep it positive by describing why using a dental-specific builder for your office buildout may decrease headaches and improve success.​

With the COVID-19 Stimulus package being signed into law yesterday, there are a few things you should know that may help your practice in these times.

Joe sheds more light on the COVID-19 Pandemic, specifically government assistance for employers and employees. More to come as the ever-changing situation develops.

Joe shares more info regarding employment/ unemployment advice for your practice. Warning: with the rapidly changing environment of the COVID-19 Pandemic some advice can be out of date due to new laws currently being passed.

Joe shares some legal advice for your practice in light of the ever changing updates of the COVID-19 Pandemic. Warning: Due to frequent updates some advice may be outdated. More to come.

Are you buying or selling a practice? Joe gives guidance regarding how long and why a seller might stick around.

What makes a contract a contract? Joe explains five basic principles that make contracts binding

It's great to be optimistic but Joe shares a great trick to keep your startup grounded and prepared for any unseen circumstance.

Waive a jury trial? Joe shares some situations when you would want to waive a jury trial and why your lawyer might advise it.

Joe explains Accounts Receivable and whether you should consider purchasing AR when acquiring a practice. 

Joe talks about using social media to attract and keep customers

Consultation for your practice can be a great advantage. But who is consulting you?

Joe tackles the topic of the Assignment Clause in your lease agreement.

Is a longer contract better than a shorter one? Is the shorter contract covering all your needs?

How do you know if you should back out of a deal? Joe shares insight on whether to hold on or cut bait.

Joe defines and explains Letters of Intent

Joe discuses pros and cons of involving family members in your startup.

Looking for a lawyer? Do you even NEED a lawyer for your practice? Joe sheds some insight to help answer this question honestly.

Once upon a time, a well-meaning and objective broker decided to create a deal that met the needs of both her seller and buyer. And everyone lived happily ever after—until they didn’t. Learn whether dual representation is workable or just another fairy tale.

As a dentist, you might not have the background to know the answer to every question or obstacle that will come up when you buy a dental practice. The important question is whether you have a team you can trust—people who know dentistry and can figure out what you need.

Getting into an employment relationship is a lot like committing to dating. You can’t know everything upfront—once you start, you may realize quickly that you’re not compatible with your employer. In this episode, Joe explains the need to understand the contractual term obligations up front so you’re not stuck in an unhealthy relationship longer than necessary.