Having considered the issues which need to


be addressed in a partnership, an agreement should be put in place which is appropriate to the practice and gives a good framework for addressing a number of issues which could arise in the future.


Prevention best cure An agreement in itself does not necessarily avoid disputes arising and the best practices will have a number of simple ways in which to minimise the risk of issues becoming a real problem.


situations where a partner has allowed a problem to develop over a considerable period of time, without having raised it. In their mind, that issue has become a very significant one and sometimes it can be impossible to achieve an amicable resolution. So do not allow issues to fester; they will only become bigger and potentially irreconcilable.


Some simple rules It might seem odd for me to say this as a lawyer, but I would advise dentists to avoid involving lawyers if at all possible. Whilst


“ Do not allow issues to fester; they will only become bigger and potentially irreconcilable... and avoid involving lawyers if at all possible”


Regular discussion on partnership matters


is key to maintaining a good relationship. As dentists are very busy and spend most of the working day seeing patients, it can be very difficult to find time to meet and debate business issues. However, investing that time can help to maintain a good working and personal relationship. If one of the partners has a concern within


the practice, my advice would be to be open and to raise it with the other partners. Some of the worst scenarios we encounter are


SUMMER 2013


I do not mean that they should not take legal advice, as that can oſten be a useful way of getting an independent perspective, involving a lawyer in correspondence can be counterproductive. Receiving a letter from a lawyer on behalf of a co-partner can oſten heighten the tension quite considerably and obviously it would be better if that can be avoided. Sometimes partnership issues which arise


prove to be irreconcilable. With the best will in the world, relationships can break down


to such an extent that there is no way forward, regardless of whether or not there may be a possible commercial resolution. Where this is the case, it’s important to follow some simple rules which will hopefully assist to bring the situation to a suitable conclusion. Seek advice. Speaking to an


experienced dental lawyer, who will have seen similar situations, will help you to put a perspective on the situation and help to find a resolution. Try to avoid the blame game. In the


majority of disputes that we see there is a degree of fault on both sides and it’s important not to get too carried away in arguing blame rather than trying to reach a commercial resolution. Put the practice first. Your working


relationship with your partners is one of the most important aspects of work life, and when it goes wrong it can become the main focus. However, a partner who becomes involved in a dispute should try to avoid it taking over his or her life. You have to recognise that you still need to run a practice, carry out dental treatment to the best of your ability – and, not least, maintain the goodwill of your patients.


n Michael Royden is a partner in the specialist dental practice team within the Scottish legal firm, Torntons


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