In AUSTIN and throughout Texas

Hallmark Achievements From Bertolino LLP

Our results speak for themselves. In case after case, the attorneys at our Texas-based law firm have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense, medical license defense, and vocational license defense. We know how to build a strong case to protect your license – and your livelihood. To read what some of our satisfied clients have to say about us, please visit our testimonials page.

If someone files a complaint against you that could jeopardize your career, we can provide you with the legal assistance you need to protect your rights and keep your professional license.

With years of combined experience and knowledge, our attorneys thoroughly understand state and federal laws and how they apply to each case. We use this information to custom design the best possible defense for each client. Our tailor-made approach means we will not treat you like a number. Your case matters here.

But don’t take our word for it. Read on to see some of our most notable case results:

November 2017

IMO T.J.

Real Estate Sales Agent License Secured Despite Extensive Criminal History

Our Client ("T.J.") filed an application for a real estate sales agent license with the Texas Real Estate Commission ("TREC") before retaining the Firm for assistance. T.J.'s criminal history started at age sixteen (16), and entails several charges which TREC alleged to cast doubt on T.J.'s moral character and fitness to serve as a fiduciary. T.J. has rehabilitated, both by personal choice and legal compulsion, and has not committed an offense in more than five (5) years. We satisfactorily convinced TREC of as much by zealously asserting that position and embarking an aggressive campaign to comply with TREC's myriad demands for documents and explanation. We have facilitated T.J.'s rehabilitation by assisting in securing gainful employment which T.J. now intends to build a life around.

October 2017

Texas Board of Physical Therapy v. J.C.

A Dismissal Secured in the Face of Fraud Allegations

Our Client, a Physical Therapist ("J.C."), was investigated by the Texas Board of Physical Therapy ("Board"), for allegedly committing Medicare fraud by charging for services not rendered. Through various pre-litigation maneuvers, we obtained documentation and prepared a response, which quickly stifled the complaint and secured a dismissal. At the earliest possible juncture, our tactful representation freed J.C. up to practice, without a complaint hanging overhead.

Texas Education Agency v. A.S.

A Dismissal Secured in the Face of Inappropriate Conduct Allegation

Our Client, a Teacher ("A.S."), was investigated by the Texas Education Agency ("Agency"), after he was terminated for alleged "inappropriate conduct with students". Through successful performance at a hearing before the Agency, we secured a dismissal.

September 2017

Texas Medical Board v. J.J.

Our Client, a Medical Radiologist ("J.J.") was investigated by the Texas Medical Board ("Board"), for two criminal charges on his record, pursuant to the transfer of jurisdiction over Medical Radiologists from the Texas Department of Health and Human Services ("DHHS"). J.J. had previously disclosed both offenses to DHHS upon becoming licensed for the first time, and, yet, the Board still proposed public discipline, which may have interfered with J.J.'s employment prospects and professional reputation.

E.G., as Executor of Estate of R.G., Decedent v. R.V.

By virtue of our substantial knowledge of the legal authority governing the manifold professional licenses recognized in Texas, we successfully mediated a commercial services contract dispute. Just before mediation, we devised a legal theory, which revealed said contract to have been illegal and void, due to Defendant ("R.V.") lacking the statutorily-required licensure to perform the commercial services contracted for. Because Decedent ("R.G.") was not aware that Defendant was not properly licensed, E.G. reserved a viable claim to recover under the void contract.

August 2017

Texas State Board of Dental Examiners v. T.J.

Our Client, a pediatric dentist ("T.J.") with a clean record and excellent practice history, dutifully self-reported an incident where a patient ("Patient") experienced a seizure after sedation, for reasons which have not yet been ascertained. The Board responded by suspending his sedation certifications, without notice, and dragging him to a Probable Cause Hearing, to explain himself.

With his sedation certifications suspended, T.J. was essentially unable to practice, and the logistical nightmare that ensued placed serious strain on the practice. Never before had our client had any such issues occur from sedation, despite administering the same regimen over 5,000 times.

Through submission of a pre-hearing and post-hearing brief, we were able to convince the Board to abandon its suspension, and dismiss the case from the State Office of Administrative Hearings. Our briefing and performance at the Probable Cause Hearing restored our Client's sedation certifications, and brought his practice back into ordinary working order.

Texas State Board of Physical Therapy Examiners v. K.F.

Our Client, a Physical Therapist ("K.F.") with an impeccable and extensive practice history, was alleged to have made racist remarks to a Hispanic patient ("Patient"). K.F. has cherished Hispanic siblings, and was horrified by the baseless allegations lodged against her. Treading in charged territory, we managed to expose and relay to the Board certain subtle matters, which revealed the Patient's representations were unfounded. Through submission of an expository Response Packet (our proprietary case-opening instrument), we were able to secure a dismissal at the earliest available juncture.

July 2017

Texas Real Estate Commission v. C.L.

Our Client, a real estate broker ("C.L."), fell victim to a scathing, frivolous complaint filed by a former client, for whom C.L. served as a listing agent. That complaint falsely alleged our Client failed to disclose a high purchase offer, and lied about other matters, to secure an undue payout. Through a Motion for Summary Disposition, we convinced a SOAH judge of the lies, by exposing that the complainant had improper ulterior motives. Accordingly, all allegations apart from a minor technicality were disposed of, and C.L. settled under terms dramatically more favorable than those initially proposed by TREC.

Texas Board of Nursing v. S.L.

Our Client, a traveling RN, was alleged to have diverted controlled substances from a medical facility. By submitting a thorough Response Packet, which explained what actually transpired, we secured an outright dismissal for our Client, at minimal cost.

Texas Medical Board v. R.N.

Our Client was alleged to have viewed inappropriate materials while on duty in a Medical Residency Program. R.N. was severely disciplined by his employer, and faced serious discipline from the Board. At an Informal Settlement Conference before a panel of the Board, we focused on R.N.'s exceptional technical proficiency and history of charitable acts, and secured full dismissal of the allegations.

June 2017

...Another Month of Dismissals

Texas Board of Occupational Therapy Examiners v. S.G. 

The Texas Board of Occupational Therapy Examiners (TBOTE) investigated serious allegations from the father of a six-year old patient ("Patient"), that S.G. purportedly shook the child by the neck in a room full of patients and their families. Our investigation found substantial evidence that the Patient's father exhibited a pattern of volatile behavior, and that S.G. had been explicitly requested to be the only therapist working with the Patient. We further articulated to the Board that S.G.'s twenty-year practice history and professional reputation are wholly at odds with the allegations in the complaint. Apparently, the Board was satisfied with the explanation provided, as the Complaint was dismissed without further proceedings.

Take-away: We shut down a frivolous complaint at the earliest available opportunity, sparing our client unnecessary emotional toll and legal expenses, and protecting her license.

Texas Board of Occupational Therapy Examiners v. V.G. 

The Texas Board of Occupational Therapy Examiners (TBOTE) investigated an allegation from V.G.'s former employer that he fraudulently billed for services which he purportedly did not render. This was not the case, and we convinced the Board of as much, solely through submission of a written rebuttal, which marshalled evidence that the complaint lacked integrity, and contained selective stipulations and omissions. The Board dismissed the complaint without taking any further action.

Take-away: The Firm secured a dismissal with a single move.

May 2017

...Another Month of Impressive Results

Texas Real Estate Commission v. J.R.

The Texas Real Estate Commission (TREC) sought to revoke our Client's real estate sales agent license, for a single non-violent felony, with substantial mitigating circumstances and evidence. Through compelling presentation of arguments at a final SOAH Hearing, the Firm persuaded an Administrative Law Judge (ALJ) to issue a proposal for decision (PFD), which contemplated permitting our Client to retain his license subject to probation for ten years. TREC improperly altered the PFD, so that it revoked instead of probating our Client's license. We presented a robust accounting of why what TREC did was a violation, and convinced a District Judge to restore our Client's license pursuant to a Temporary Injunction.

Take-away: We won our Client's license back through pendency of appeal to District Court, and thereby enabled him to earn a living and be with his children.

Texas Board of Examiners of Psychologists v. J.G.

Our Client, a recent Ph.D. Psychology graduate, applied for a provisional license to practice as a Psychologist. Due to a misunderstanding of disclosure obligations, our Client inadvertently completed the application improperly. The Board responded by demanding an explanation. We provided a wealth of evidence demonstrating that the failure to disclose was a good faith error, not a pre-meditated ploy, and that our Client possesses exceptional fitness and moral character. The Board dismissed the allegations completely, and permitted our Client to continue to the next phase of the application, without taking any adverse action.

Take-away: The Firm secured a dismissal with a single move.

April 2017

...and the Dismissals Keep Coming

Texas Board of Dental Examiners v. C.B.

Our Client, an Orthodontist ("DMD C.B."), was alleged to have breached the standard of care. The Firm shut down this allegation immediately, securing an outright dismissal after submitting its proprietary case-opener – the notorious Response Packet. The Firm warded off a complaint and thereby protected DMD C.B.'s license at minimal cost.

Take-away: The Firm secured a dismissal with a single move.

Texas Board of Social Worker Examiners v. T.H.

Our Client, a Licensed Clinical Social Worker (LCSW T.H.), was alleged to have had a sexual relationship with a former patient. The Firm shut down the Board’s allegation immediately, securing an outright dismissal after submitting a Response Packet. The Firm protected LCSW T.H.'s license at minimal cost.

Take-away: The Firm secured a dismissal with a single move.

March 2017

A Month of Dimsissals: The Firm Secures Maximum Results at Minimal Cost

Texas Board of Nursing v. D.F.

Our Client, a Licensed Vocational Nurse, was alleged to have fallen asleep on duty. LVN DF initially responded to the Board's allegations without legal representation. The Board replied by proposing an Agreed Order which would have required LVN DF to abandon working in home health, abandoning her beloved patients and plans to establish a home health practice this year. Shortly after being engaged by LVN DF, the Firm submitted its proprietary Response Packet, and secured an outright dismissal of the allegation. The Firm protected LVN DF's license at minimal cost.

Take-away: The Firm secured a dismissal with a single move.

Texas Board of Nursing v. C.R.

Our Client, a Certified Registered Nurse Anesthetist with a Doctorate in Nursing Practice, was alleged to have improperly counseled an elderly patient with severe co-morbidities on the risks of general anesthesia. The Board went so far as to allege that the patient's subsequent traumatic incidents were related to CRNA CR's conduct. The Firm shut down the Board's allegations immediately, securing an outright dismissal upon submission of a Response Packet. The Firm protected CRNA CR's license at minimal cost.

Take-away: The Firm secured a dismissal with a single move.

February 2017

Strong Results Which Alleviate Need for Hearings

Our Client, Willie Lee Griffin, Jr. and Griffin Mortuary, is finally vindicated by the Texas Funeral Service Commission and a Lubbock County Civil Court.

A lawsuit brought against Willie Lee Griffin, Jr., owner and founder of Griffin Mortuary in Lubbock, was tossed out of civil court on Friday morning with no finding of fault. Our Firm secured the win after a week-long jury trial. Mr. Griffin and our legal team worked very hard on this case and it is so rewarding to finally vindicate his name. But the story of vindicating the revered funeral home and its charismatic owner spans far longer.

In late 2013, Charlette Tanner-Starr and Marcie Hall filed a complaint with the Texas Funeral Service Commission, alleging that Mr. Griffin mishandled the funeral of their father, the late Pastor Charles Tanner. The Commission - the authority on funerary practice standards - tossed the complaint with no finding of fault. Apparently unsatisfied, Ms. Tanner-Starr and Ms. Hall, the plaintiffs, filed a civil lawsuit against Mr. Griffin in early 2015, seeking $2,000,000 for alleged mental anguish. Just days later, the plaintiffs and their attorneys made a series of press releases against Mr. Griffin on KMAC and everythinglubbock.com.

Although several Lubbock residents were prepared to testify in Mr. Griffin's defense, the case was tossed before the opportunity even arose. After the verdict was reached, interviews with the jurors revealed that Mr. Griffin's testimony about his passion for serving the Lubbock community hit home. After nearly two years of litigation and hours of witness testimony, the record has been set straight. The plaintiffs received a take-nothing verdict, and are liable for court costs.

December 2016

Texas Board of Nursing v. T.N.

Our Client, a Registered Nurse, was alleged to have breached professional boundaries. To settle the matter, the Board proposed an Agreed Order which entailed language susceptible to damaging insinuations and inferences, as well as crippling restrictions on our Client's ability to practice for a full year. Through multiple rounds of negotiation, the Firm obtained significant, favorable modifications to the proposed Order. The Firm not only substantially reduced the restrictions, but also secured language amendments that dispelled the adverse insinuations and inferences.

Take-away: Through efficient negotiation, the Firm prevented potentially irreparable damage to our Client's public reputation, and diminished restrictions on our Client's capacity to earn a living.

Texas Real Estate Commission v. B.P.

Our Client, who has a non-violent felony and some misdemeanors on his record, attempted to obtain a real estate sales license without legal representation. The Commission rejected the application, and provided our Client with an opportunity to request a hearing on the rejection. The Firm was retained at this juncture. Almost immediately after submitting a request for a hearing, a Commission staff attorney contacted the Firm to negotiate an alternative. The Firm pursued this alternative, and secured a license for our Client on a probationary basis through submission of a single instrument. Our Client now has a livelihood that is more rewarding and lucrative.

Take-away: The Firm secured a license – and by extension, a new livelihood – for our Client at absolute bare minimum expense.

November 2016

Texas Real Estate Commission v. J.R.

Our Client, a proficient real estate agent, plead out of a non-violent felony charge entirely unrelated to the practice of real estate. The Commission sought to revoke our Client’s license, and refused to make any settlement offer. After the final hearing on the merits, both parties submitted closing briefs for the consideration of the presiding Administrative Law Judge (ALJ).

On November 9, 2016, the ALJ propounded a Proposal for Decision (PFD) that contemplates allowing our Client to retain his license. This favorable PFD demonstrates that the ALJ found the Firm’s defense more persuasive than the Commission’s claim.

Upon receipt of the PFD, the Firm wasted no time in drafting and filing Exceptions to the PFD, within which the Firm presented legal authority and analysis to the ALJ warranting further reduction of the sanction. The Commission neither responded to the Exceptions, nor filed their own. The Commission’s silence signals their assent to the Firm’s successful efforts to ward off the unreasonable revocation attempt.

Take-away: Through our tactful, aggressive litigation and trial strategy, the Firm persuaded the ALJ, against the odds, to allow our Client to retain his livelihood.

Texas Board of Nursing v. N.J.

Our Client, a Registered Nurse, conceded to the Board’s allegations prior to retaining the Firm. The Board proposed a settlement offer, called an Agreed Board Order (ABO), that was extremely adverse, and would have severely limited the scope of prospective employers. This ABO contained a skewed and misleading presentation of the facts at issue, which would have been attached to our Client’s public nursing profile. Our Client retained the Firm to negotiate this settlement offer.

And the Firm did just that: through extensive correspondence with the Board, the Firm negotiated a far more favorable settlement offer. Specifically, the Firm submitted two waves of Exceptions to the ABO, both of which yielded success. The amended ABO reflecting these Exceptions broadens the scope of indirect supervisors and entails a dramatically more favorable presentation of the facts at issue.

Take-away: The Firm’s successful negotiation broadened our Client’s employment options and minimized the impact on our Client’s livelihood.

October 2016

E.R.G. v. R.V.

Following an aggressive deposition campaign conducted by the Firm, the parties have begun initial discussions that may lead to settlement of the case. The Firm intends to take the lead in brokering this arrangement. If successful, this proposed settlement could save our client substantial resources at an early juncture in the case.

C.S. & M.H. v. W.G.

Our Client, a funeral service director, was alleged to have breached the standard of care. Following dismissal of the complaint by the Funeral Service Commission, the complainants have pursued a civil claim against our Client. In the latest of a series of victories, the Firm has filed a MOTION TO EXCLUDE EXPERT against the Plaintiffs. Due largely to successful depositions, the grounds for this motion have been pled to an evidentiary standard far greater than required. If successful, this Motion will eviscerate Plaintiffs’ case and tilt the odds further in our Client’s favor.

September 2016

Texas Board of Nursing v. S.H., CRNA

The Firm’s aggressive discovery campaign has paid off for our client, with handsome dividends.

The Board alleged that our Client fell asleep during a laparoscopic procedure. The Firm realized a material fact unbeknownst to the Board, which fundamentally altered the landscape of the case. The Firm began building a new defense theory upon this material fact. Through written discovery, the Firm also surmised that the complaints that initiated the Board’s investigation were factually dubious. The Firm followed up on this hunch by deposing the complainants this month.

The Firm’s pointed questioning ultimately elicited testimony that substantiated the Firm’s suspicion; it was revealed that each complainant had indeed made material misrepresentations to the Board. Following this revelation, the Firm zeroed in for the kill, holding another round of depositions to test its new defense theory. The testimony elicited at these depositions unequivocally endorsed the new defense theory. Two business days later, the Board filed a Motion to Dismiss the case.

July 2016

Texas Board of Physical Therapy Examiners v. C.C., PT, DPT

The Board alleged that our client abandoned a patient, and the Firm secured outright dismissal of all allegations. Specifically, submission of a rebuttal packet and presentation of oral arguments at an Informal Settlement Conference (ISC) compelled the Board to grant dismissal. ISCs are conducted at a very early juncture in the course of cases before the State Office of Administration. Thus, the Firm completely prevented adverse action by the Board in short order and at minimal cost to our client.

Texas Board of Nursing v. K.W., RN

The Board alleged that our client breached the standard of patient care. Solely through submission of a robust rebuttal packet, the Firm secured outright dismissal of all allegations against our client. Once again, the Firm completely prevented adverse action by the Board at minimal cost to our client, this time at the earliest possible juncture.

Your future could be at stake. Contact us. We defend professionals statewide.

Knowing how to take the best approach when you’re faced with a complaint that threatens your license can be difficult. One misstep could ruin your career. That’s why it’s critical you have someone you trust on your side, looking out for your best interests. This may be your only opportunity for justice. Make the most of it. Contact us today and schedule a case evaluation.

Difficult cases demand an experienced lawyer. Put your trust in us. Call 512-717-5432 and schedule an appointment at our Austin office. To reach our San Antonio office, call 210-247-9907. Our Houston office can be reached at 713-357-2467. Discover what an aggressive attorney at Bertolino LLP can do for you.

Super Lawyers Rising Star American Bar Association Defending Liberty Pursuing Justice State Bar of Texas Pro Bono College Super Lawyers New York State Bar Association Houston Bar Association Austin Bar Association American Center for Law and Justice Law Firm 500 10.0Tony Ray Bertolino

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