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Subject:
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Calling all legal pods...
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Date/Time:
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Posted on 5 February 2010 at 17:25
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Author:
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DM
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Advice please on the following scenario:
A practitioner starts working as an associate on the usual fee share basis for a practice. Unfortunately the contract had a slight 'mis-wording' in it that caused the associate some concern so the practice owner vowed to re-word it and then present it for signing again. The contract unfortunately never got signed but the work continued. Where does the associate stand with this. Does the continuance of work insinuate that the contract was verbal (ie the so called 'gentleman's agreement') and so accepted in the eyes of the owner of the business and thus the Law or is a paper contract 'King' in this scenario and unfortunately for the Owner there is nothing that can be done because due to this oversight? For example if the associate wanted to leave the practice, could the associate leave when it suited ie the next day without any warning, or would they have to pay lip-service to the contract even though it wasn't signed but because the work continued the presumption was that the contract was 'OK' and legally binding?
Inquisitive Pod... |
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