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What are the common pitfalls that therapists fall into when it comes to legal documents and contracts? Did you know that the state won’t correct your incorrect paperwork? How can you protect your brand name and trademark your practice?
In this podcast episode, Andrew Burdette speaks with business lawyer Keren de Zwart about what small business owners need to know.
Podcast Sponsor: Practice of the Practice
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Meet Keren de Zwart
Keren has practiced law since 2009, working for a boutique corporate and securities firm serving primarily startups and small-cap companies and then branching out independently. She graduated cum laude from the University of Southern California with a B.A. in Political Science and a minor in International Relations. She received her J.D. from the University of the Pacific, McGeorge School of Law, where she served as Associate Managing Editor of the McGeorge Global Business and Development Law Journal and graduated on the Dean’s List.
Additionally, Keren has managed over five million square feet of commercial property, including retail, office, and industrial real estate.
Visit Not Your Father’s Lawyer and connect on Facebook, Instagram, Twitter, and LinkedIn.
In This Podcast
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Doing legal business for the small business owner
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Common legal pitfalls
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The state won’t correct you
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Trademark and brand protection
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When should you call a business lawyer?
Doing legal business for the small business owner
Small business owners often have a stricter budget and need a more hands-on approach when it comes to fine print and legalities, which makes finding an affordable and patient lawyer a tricky process.
Keren and her team know this and have structured their process around specifically tailoring their services to the needs of their clients.
It really is important for me … to make sure that you understand what the contract says. I don’t want to go, “Here you go, have a nice day!” … I want you to understand your contract because you’re going to be working with it, [and] also so that you understand [and can clarify]; “Does this match my process?” (Keren de Zwart)
Keren will often live-edit the contracts that they draw up with therapists so that each section is specifically designed for their business.
Additionally, fully understanding your legal contracts and fine print means that you can avoid having to call your lawyer to clarify questions if you, your staff, or your clients have concerns.
That is very important to the process for me to make sure that it’s not just … A legally binding contract, but that it works for your business and [for] your operations. (Keren de Zwart)
Common legal pitfalls
One of the most common legal pitfalls Keren sees practitioners stumble into is when they simply adjust a contract to make it legal or suitable for mental health by adding a HIPAA paragraph – which is not sufficient!
When contracts have simply been pieced together without their terms following through or for it to have been written as one, whole new document, you can find yourself in a legal difficulty down the road when important paragraphs don’t match up.
Something that I see a lot [is when] people DIY their contracts or they get it from a friend … Even if you get a contract that was written by a lawyer, or somebody in your industry, it might not work exactly for your practice, and that can create potential legal headaches. (Keren de Zwart)
The state won’t correct you
If you file your private practice with your state under the wrong name or use the wrong paperwork, you won’t be notified, and you may find a problem coming your way.
Organizing your paperwork before you file is on your to-do list, and it should be something that you prioritize.
Working with a business lawyer is therefore not only something that you should do for best practice, but also to make sure that you are laying a strong legal foundation, and for you to simply have the peace of mind knowing that it’s been done correctly.
That’s why I tend to caution people from using these kinds of legal formation platforms … You input the information, and then they turn around and just input the information into these templates. If you put the information wrong, they put the information wrong … and I’ve seen a lot of people get screwed up with trademarks on those platforms. (Keren de Zwart)
Trademark and brand protection
Keren recommends that you trademark your private practice name, whether you are a small solo practitioner with not many intentions to scale, to a group practice owner wanting to own multiple locations.
Your private practice name is an asset. It’s part of your brand and part of your local and national image. If you don’t trademark it, it can leave you in a vulnerable position.
When should you call a business lawyer?
In a perfect world, I would tell people to go find a … business lawyer that they can create a relationship with, it’s [something] good to have … And if you need something, you can reach out to them. That’s a great thing to have preemptively so that you’re not scrambling to find somebody if and when an issue comes up. (Keren de Zwart)
Having a good lawyer in your phonebook and network as a point of call is valuable to your business and, again, for your peace of mind.
Business can be nuanced, complex, and gritty, and having someone who understands its ins and outs is an invaluable resource to have.
Useful links mentioned in this episode:
- Visit Not Your Father’s Lawyer and connect on Facebook, Instagram, Twitter, and LinkedIn.
- See also Keren De Zwart’s website.
- Secure your spot today and let’s make your transition smooth and successful! Head over to practiceofthepractice.com/w2
Check out these additional resources:
- Community, Healing and Mental Health with Lachelle Goodrich, LPC | GP 228
- Practice of the Practice Network
- Group Practice Launch
- Group Practice Boss: www.practiceofthepractice.com/grouppracticeboss $149 a month
- PoP Group Practice Owners Facebook Group
- Free resources to help you start, grow, and scale
- Work with us
- Practice of the Practice Network
Meet Andrew Burdette
Andrew founded Mindful Counseling PLLC in Asheville, NC shortly after completing his graduate program in clinical mental health counseling. At the start of the pandemic, he pivoted to an online solo practice, and in 2022, began to grow a group practice. He most enjoys helping clients and colleagues identify what ignites their passions and assisting them in creating a life rooted in authenticity. Andrew approaches his business development with alignment in mind and enjoys the integration process connecting the many puzzle pieces and systems required to run a successful practice.
Visit Andrew’s website and Apply to work with him.
Email him at [email protected]
