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Thomas A. Lerner
PRACTICE EMPHASIS:
Tom Lerner is a shareholder and practices in the areas of business litigation, employment law, creditor representation, including bankruptcy, and physician representation in business matters. Tom often works with closely held businesses advising on business management, litigation risk analysis, and employment advice.
REPRESENTATIVE CASES:
Preventive advice on employment law issues, primarily for employers, and employment law advice and negotiation assistance for individuals. Representation of banks and businesses in commercial litigation, enforcement of promissory notes and guarantees, real estate foreclosures, and on behalf of creditors in bankruptcy matters. Provide ongoing advice to physicians with regard to business aspects of medical practice management, including employment and shareholder agreements and medical billing service contracts. Claims representation on construction contract disputes, and representation of contractors on terms and conditions of contracts.
OTHER EXPERIENCE:
Before joining the firm in 1999, Tom was in private practice with the Seattle firm of Franklin & Olson. He had been a partner with Lerch, Early & Brewer in Bethesda, Maryland (1989-1997). Other experience includes Assistant Attorney General in the Oregon Department of Justice, concentrating on financial fraud and Civil Racketeering cases, and as a trial attorney with the Metropolitan Public Defender Service in Portland. Tom served as Law Clerk to the Honorable William Hungate, U.S. District Court, St. Louis, Missouri.
ACTIVITIES:
Tom has periodically been a speaker before professional groups and at Continuing Legal Education Programs on bankruptcy, litigation and employment law. He addressed the 2005 Northwest Trust Conference on the topic “14 Rules for Surviving Testifying.” He was a speaker before the Washington State Bar Trusts and Estates conference on “Bankruptcy and the Defalcating Fiduciary.” He has also been a featured speaker at Continuing Legal Education Programs on employment law topics and ethics. Tom has also addressed physician groups regarding the business aspects of running a medical practice and construction contractors on employment issues and litigation avoidance strategies. Tom is a periodic contributor of articles to the King County Medical Society Bulletin with regard to physician business and employment issues. His 2006 article on physician compensation can be found here. Tom also serves as a member of the Lake Forest Park Planning Commission.
EDUCATION:
Tom obtained his law degree from the Washington University School of Law, Order of the Barrister, in 1980. Tom received his B.A. in Government from Franklin and Marshall College in 1977.
ADMISSIONS:
Tom is admitted to the State Bars in Washington (1997), Oregon (1980), Maryland (1990), Virginia (1991) and the District of Columbia (1989); the U.S. Supreme Court (1990); the U.S. Court of Appeals, Fourth Circuit (1991) and the U.S. Court of Federal Claims (1993).PRESENTATIONS & PUBLICATIONS:
“Ethics,” advanced employment law continuing legal education presentation for National Business Institute, June 26, 2006.
“Avoiding Employee Termination Lawsuits in Washington,” continuing legal education presentation for National Business Institute, September 19, 2005.
“Bankruptcy and the Defalcating Fiduciary,” continuing legal education presentation for Washington State Bar, March 2005.
“Preparing and Implementing a Deposition Plan,” continuing legal education presentation for Washington State Bar, July 2004.
“How to Get Sued” (A program for employers), oral presentation to Association of Builders and Contractors of Western Washington: Breakfast meetings on December 10 and 17, 1998.
“Cautionary Advice for Physicians in Employment Relationships,” oral presentation at Quarterly Professional Meeting at Fairfax Hospital, June 16, 1998.
“Flashpoints: Tensions and Conflicts in Physician Employment Relationships,” Washington State Medical Group Managers Association Convention: Two workshops presented May 8, 1998.
“Reducing Litigation Risks and Controlling Litigation Costs, ” oral presentation to Association of Builders and Contractors of Western Washington: Breakfast meetings on April 9 and 16, 1998.
“Controlling the Urge to Merge: Physician Employment Relationships,” oral presentation to the Medical Staff of Overlake Hospital, Bellevue, Washington January 28, 1998 and to Medical Residents at Veterans Administration Hospital, Seattle, Washington, April 15, 1998.
“Medical Office Management: Planning for Transitions,” oral presentation to the Medical Staff of Overlake Hospital, Bellevue, Washington April 24, 2001.
“Rethinking Production Based Compensation Plans,” King County Medical Society Bulletin, Volume 85, Number 8, September 2006.
“Physician Employment: Noncompete Agreements, Arbitration Provisions, and Post-employment References,” King County Medical Society Bulletin, Volume 84, Number 8, September 2005.
“Concierge Practices: Pandora or Panacea?” King County Medical Society Bulletin, Volume 82, Number 10, November 2003.
“Surviving the Shrinking Dollar: The Business Impact of the Squeeze on Physicians,” King County Medical Society Bulletin, Volume 80, Number 3, March/April 2001.
“Special Report: Doctors Doing Business with Doctors: Breaking Up Is Hard To Do . . . ,” King County Medical Society Bulletin, Volume 76, Number 10, October, 1997.