Although the case of Smith vs Jones helped settle some of the problems in defining patients of record, it did not address itself to all the situations in which a definition of patients of record would be needed. The question of which dentist should have the records of certain patients will present difficulty as long as two or more dentists continue to practice without a formal agreement that addresses this question. And the rights of partners, associates or employees should be determined in writing in the partnership agreement, employment contract, or bylaws of corporate practice before the association is established.