If a complaint has been filed against you with a professional licensing board, your livelihood, career, and reputation are on the line. This is likely an emotional and stressful time for you. Understandably, you may want to try to talk to the person who filed the complaint against you. You may want to explain your side of the situation or try to convince them to rescind the complaint. However, as a general rule you should not discuss the matter with the person who filed the complaint against you.
Contacting the Complainant May Be Harmful to Your Defense
The complainant filed a formal complaint against you with your licensing board for a reason. You can assume that he or she felt it was the right decision. When a person is willing to actually follow through with the steps necessary to file a complaint, they are likely quite angry, hurt, or feel otherwise wronged. If you were to contact this person, the discussion may not be calm and level-headed. You are not likely going to be able to talk them into dismissing the complaint against you.
Further, talking with the complainant may be more damaging to your case. You may inadvertently create more evidence that can be used against you. Also, be aware that such contact may be construed as an attempt to intimidate or harass the complainant.
If you feel strongly that you want to contact the complainant, under no circumstances should you do it without first consulting with your professional license defense attorney. In the unlikely event your attorney believes it would not be harmful to your defense, then follow your attorney's legal advice. For example, you may be advised that communicating in writing and maintaining records of the communication is appropriate. Again, as a general rule you should not discuss the matter with the person who filed the complaint against you.
Discussions with Your Attorney Are Covered by Attorney-Client Privilege
Another general rule is that you should not discuss the matter with anyone other than your attorney. The things you share with your attorney are privileged and confidential. Your license defense attorney has a duty to keep all of your communications confidential.
Keep in mind that any discussions you have about the complaint with a third party has the potential to damage your defense. These conversations are not protected from disclosure, and in fact the person you speak to may have a duty to disclose what was discussed about the matter. If you are required to disclose a complaint against you to your employer, professional insurance carrier, or another party, it is advisable to first discuss it with your attorney to ensure you are advised on disclosure best practices.
Hire the Experienced License Defense Attorneys of BERTOLINO LLP
If you have been notified of a complaint filed against you with a licensing board, agency, or commission in Texas, BERTOLINO LLP can help. Our Firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
We know how to navigate the complaint process against any professional, medical, or vocational license. We know how to build a persuasive case to protect your license - and your livelihood. Our results speak for themselves.
If your professional license is at risk of suspension or revocation, BERTOLINO LLP can help. We represent licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (800) 210-0126 and schedule a case evaluation.