Receiving a notice informing you that a complaint has been filed against your professional license is a frightening and intimidating situation. You've worked hard for years to earn your license, and you never imagine that you would ever have to defend yourself against allegations of misconduct or unprofessionalism. The effects of a licensing board complaint and the ensuing investigation can be mitigated by taking the proper actions as soon as you are notified of the complaint.
4 Helpful Tips If Your Professional License Is Under Investigation
First and foremost: hire a professional license defense attorney. Your license is your livelihood, do not take any chances by trying to deal with it on your own. Even before sending your initial response to the board, have a professional license defense lawyer review the complaint. Our Firm believes that immediately consulting an experienced professional license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
As the complaint process moves forward you want an attorney to help you navigate the licensing board's procedures, to protect your rights, and to advocate for you at any legal hearing that may become necessary.
Second, be truthful in your dealings with the board. You may feel compelled to bend the truth in an effort to protect yourself―but don't. Never lie to the board. Getting caught in a lie to the board could lead to harsher disciplinary actions than the conduct or circumstance that you lie about.
Do not alter or destroy records or evidence, either. If you need to make an amendment or addition to a record to make it complete or more accurate, then talk to your license defense attorney about the best way to handle that.
Professional licenses demand ethical behavior. Always be truthful with the licensing board and in any documentation or evidence you provide to it.
Third, do not speak to anyone about the complaint. If you have a duty to disclose a pending complaint to your employer, partners, insurance carrier, or any other third parties, then do so; however, be mindful to only share the pertinent information that is necessary to share.
Otherwise, speak only to your professional license defense attorney about the complaint. Your communications with your lawyer are protected by attorney/client privilege. Any communications you have with others are not privileged. Your colleagues, and even your friends or family, can be subpoenaed to testify as to conversations they had with you. You do not want to put them in a position to be called as witnesses against you.
Fourth, prepare yourself for the complaint process. Each licensing board and regulatory agency in Texas has their own internal procedures on how they process and investigate complaints. Learn the enforcement process of your board. Also, make sure you are diligent not to miss any deadlines to respond to the board or miss any scheduled legal proceedings.
We do not want you to dwell on the worst-case-scenario, but we do encourage you to understand what disciplinary action the licensing board could take against you. Your professional license defense attorney can help you understand the board's complaint process and the potential outcomes in your case.
As a final note, we also want to encourage you to remain calm. We understand that your career is at stake, but you have the opportunity to defend yourself against these allegations. In addition, there is a presumption of innocence in Texas. So just because you have received a notice of complaint, that doesn’t mean you are guilty of the underlying charges. Get yourself an experienced professional licensing defense attorney immediately so that you know you are in good hands.
Hire BERTOLINO LLP to Defend Against an Attack on Your License
Our attorneys have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense. We have consistently won significant cases for Texas doctors, nurses, pharmacists, podiatrists, teachers, real estate agents, brokers, attorneys, CPA's, and many other professionals licensed in the State of Texas. We know how to navigate the complaint process, gather evidence, question witnesses, and prepare powerful defenses against allegations of misconduct.
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We help professionals keep their licenses. We know how to build a strong case to protect your license - as well as your livelihood and reputation.
Our law firm helps professionals, like you, defend their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.