Top Mistakes Professionals Make When Facing a Licensing Complaint

Transcript

SPEAKER_01: 0:00

This podcast is for educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. If you need legal assistance about a legal problem, contact an attorney.

SPEAKER_00: 0:12

Welcome back to Know You Regulator, the podcast that inspires you to engage. I am your host, Simone Murfrey. We’ve got a really insightful episode lined up for Texas license holders today. I’m joined by two people who work very closely with licensed professionals day in and day out. Bertolino Law Firm’s very own client success liaison Donald, DJ Kalora, and client success manager Jason DeLuce. Welcome to the show, guys. Thank you so much for being here.

SPEAKER_01: 0:41

Thanks for having us.

SPEAKER_00: 0:43

Absolutely. Well, let’s jump right in. You both hear from people after they’ve received a letter from their board or they’ve realized that their license may be at risk. What are some of the biggest mistakes that license holders make when that happens? DJ, we’ll start with you.

SPEAKER_02: 0:59

Yeah, the two biggest mistakes people make are probably silence and emotion. Um, too many people feel like or hope perhaps that it’s just going to go away, but it’s not. Um The letter you’re getting from the board is not just a courtesy, it’s it’s the start of a process. And so some people tend to ignore it until they can’t anymore, which can make things more difficult. And then, of course, the emotional aspect can get in people’s way as well, especially when the truth is on their side. Um, people will disclose anything and everything to try and prove their innocence. Um, and sometimes that can complicate things needlessly. Um, it’s understandable, but these mistakes can be very costly.

SPEAKER_00: 1:43

Totally. Yeah. And that response can kind of set the tone for that process that you mentioned. It’s definitely not the time to try and wing something or start like a new profession, try something new. The licensing board does take these um really, really seriously. So, Jason, we have talked before on the show about how often license holders underestimate what they’re walking into when they’re facing an investigation. Let’s dig into that. What do license holders need to understand about who they’re up against?

SPEAKER_01: 2:18

I mean, they’re dealing with full-time investigators, full-time attorneys. This is their area of expertise, right? This is their job. And so a lot of times license holders, what they don’t realize is, you know, you’re you’re you’re now dealing with someone that is really giving you an allegation, right? That and they’re looking for uh, you know, things in regarding to that allegation. So I think what what happens is most times a license holder may be an expert in their field, but they’re not an expert in the law. And so you really have to understand what you’re playing up against. It’s an uneven playing field, right? These people, they know the laws, they know the rules, they know the the occupation codes, and sometimes you’re faced with getting thrown a bunch of these legal jargon, is what I call it. And and now you’re in an unfair advantage dealing with these investigators and these attorneys. And so without legal help, it it’s it’s hard to win that game. But it’s very difficult to play the game if you don’t have the right people on your team to help you.

SPEAKER_00: 3:19

Totally. Yeah. The right support can really make all the difference. Absolutely. So when it comes to seeking that legal support, what should someone look for in an attorney to help protect their license? DJ, we’ll go with you first.

SPEAKER_02: 3:35

Yeah, so um the first thing to understand is this area of law is very different than some of the other areas of law. And so not every attorney practices or handles professional license defense. And folks, so finding someone that knows this particular area of law is oftentimes critical to putting forth the best defense you can. Um, you know, one thing that you should always ask a potential attorney is have you worked with the board before? Um, because these processes are not like other areas of law again. And so having that experience is critical. Um, one of the most common concerns people have is the cost. And oftentimes having that experience is one thing that helps control that costs. And so when you when you want to, when you’re looking for an attorney, um you need someone obviously that that is an expert, um, but that’s honest and transparent. And so um when you put all these things together, that you need someone that can both, I guess I would say, speak your language, but also speak the board’s language at the same time.

SPEAKER_00: 4:37

Totally. Yeah, super important for for both of those aspects. And trust is key, right? Like this is a high-stakes process. You need to be able to trust your attorney and your legal support.

SPEAKER_02: 4:52

Exactly. And just like you wouldn’t want us going into a classroom or an operating room or underwriting an insurance policy, you don’t want to go into a courtroom and trying to defend yourself. Um, it’s not that you can’t or you you couldn’t be successful. It’s it’s just that expertise and that experience can be a world of difference. Um, and you’re talking about your entire career. Um, and so why would you risk it? You know?

SPEAKER_00: 5:18

Right, right. Yeah, absolutely. I mean, that’s a huge, huge one. Don’t don’t risk that. Would you guys say that it’s widely misunderstood that your professional license doesn’t turn off when you go home or you clock out? I feel like that’s a really tough reality for a lot of people. Jason, what would you say?

SPEAKER_01: 5:38

Yeah, uh, absolutely. Uh I think that once you’re a licensed individual, there is no uh, you know, the the on light is always on, right? The open light is always open, even if you’re not necessarily in the in working, right? Um, I think what most people don’t don’t don’t realize. And again, you know, what you do Saturday and Sunday could, possibility, right, could have an effect in your professional life on Monday, right? And and and a lot of times that, you know, as a licensed uh individual, you are held to a much higher standard. And that’s just the reality of the situation. And so it’s definitely a misconception. I think that, and again, it doesn’t mean you’re a bad person. It doesn’t mean that, you know, you didn’t know uh now the world’s over. No, it just means that now you need somebody that understands that and somebody that has experience in that to defend you. Uh, and and just in DJ said it perfectly, right? But having an attorney always just make sure that, you know, or someone that knows his field just gives you uh a better chance and and better odds in your favor. But it obviously just protects you at the end of the day, and that’s what you want to do is protect your livelihood, protect your ability to make income, to provide for your family, and most importantly, your reputation. And that’s really what it does.

SPEAKER_00: 6:56

Yeah, absolutely. It’s a stark reminder, you know, that holding a professional license, it’s a privilege, it’s not just a job, for sure.

SPEAKER_02: 7:05

For sure, for sure. And that’s the key word is privilege. It’s it’s people think that they have protections that they would under other areas of law that may or may not apply to their license. And so oftentimes people are surprised and caught on their back foot when they realize that there’s a level of accountability with the boards that they didn’t anticipate. And, you know, as they say, ignorance is no excuse. And so that that privilege to me is a key word I feel like um doesn’t get discussed enough when it comes to professional license holders.

SPEAKER_00: 7:36

Yeah, no, that’s a great point, DJ. Really um, really kind of easy to understand how a license holder may get caught up there. But like you said, the ignorance is not an excuse. So perfect segue. Whether you want to be proactive or you’re dealing with a complaint that you’ve got right now, license protection is something that all professionals should think about. What are some proactive steps or some resources that you guys have seen? DJ, what would you say?

SPEAKER_02: 8:05

Um, don’t wait for a complaint. The the second that you think something might occur, uh, it would benefit you to have an attorney at your back. Unfortunately, we speak to far too many people that have a response deadline in 24, 48 hours. Um, and that makes it very difficult to be able to fully go through all the different mechanisms that can help provide them with the best defense possible. And so um, you know, not waiting is important. You can also join professional associations, trade groups, that sort of thing. A lot of times they offer professional license defense. Um, much like health insurance, you you don’t, you know, you might not need it. You hope you never do, but when that day comes uh that you do, you’ll be very, very grateful. It’s a lifesaver, basically. Um and also understanding, you know, being proactive doesn’t mean living in fear. I feel like one of the primary reasons that people aren’t more proactive when it comes to professional, defending their professional license is they’re coming from a place of being scared, and which is completely understandable. It’s the most scary, isolating feeling in the world to have your professional license come under attack and duress. Um, but oftentimes that hesitation can can make a world of difference. And so I encourage everyone, even if you’re scared, um, to reach out and do everything you can to protect yourself.

SPEAKER_00: 9:29

Absolutely. And we will include some helpful resources from various boards here in Texas in the episode description below so you guys can check them out. DJ, Jason, thank you both very much for sharing these insights. Would you guys have any final advice or final tips as we’re wrapping up for our audience?

SPEAKER_01: 9:51

Yeah, uh, I’ll go first. I think that definitely, you know, when it comes to protecting um yourself and protecting your license, I think these licensee holders, you know, spend countless hours, thousands of hours, whether it’s studying, whether it’s spending lots of money out of their pocket to go to school, getting their education, whether it’s even in the field, right? Some of these license holders are masters at what they do, right? 10,000 plus hours, you know, in the field, you know, you, you know, 20 plus 20 plus year careers in their field, run their own firms, run their own practices, run their own businesses. And then just like that, just like that, something can happen. A complaint comes in and the world is upside down. And so it is worth it for you to protect yourself, whether it’s being proactive and just like you know, DJ mentioned, whether it’s trade groups, whether it’s uh, you know, any newsletters that that may have, you know, that with your board, so you’re up to date on the changing laws, because laws are changing all the time, you know, whether it’s getting license and protection, whether it with uh insurance, right? So making sure that you have a protection in your uh insurance policy that covers license defense, right? It’s better to have it and not need it than need it and not have it. So you definitely want to make sure you’re being proactive. And if in if for any reason you’re in a reactive stance where an investigation does come your way, jump on it as soon as you get that. Don’t wait for a deadline. You know, don’t don’t wait till it’s last minute and now you’re you’re you’re fumbling around trying to figure it out because this is more than just a license, it’s more than just a complaint. This is your reputation on the line, this is your livelihood on the line. And at the end of the day, this is this isn’t it’s important. So definitely whether it’s proactive or reactive, you want to find help. There is help, but you definitely want to make sure that at the end of the day, you’re protecting yourself.

SPEAKER_00: 11:49

Yeah, well said. Well, if you are a licensed professional, take this episode as your sign to get educated, stay ready. A board letter can change your career in an instant. And how you respond and who helps you matters. As always, don’t forget to subscribe to Know Your Regulator. Until next time, stay inspired and continue engaging with your regulatory agency. Know your regulator, the podcast that inspires you to engage.