Once you have been notified that a complaint has been filed against you with your licensing board, how you respond and every action you take matters. It is important that you not do anything that will harm your defense. As soon as you are notified of a complaint, hire a license defense attorney to be your advocate, to protect your rights, and to help you navigate the complaint process.
The 5 Legal Mistakes to Avoid After a Licensing Board Complaint Has Been Filed Against You
Failure to fully disclose all important facts.
When responding to a Board complaint, you should not omit any important information or evidence. Information that is damaging will eventually come out―you cannot hide it. First, if you are caught purposefully withholding evidence you will be in a worse situation. Second, it is better to get in front of damaging facts to minimize their effect, rather than trying to hide them.
A license defense attorney will be able to advise you on what facts and evidence should be turned over to the board. Your attorney can further help you craft responses to the Board's investigation that serve to protect your interests without disclosing confidential or superfluous information.
Failure to notify your malpractice, errors and omissions, or another insurer.
Under most insurance policies that cover licensed professionals there is a duty to notify the insurer of any claim or potential claim that might require coverage. Failure to provide timely notice of formal complaints to your insurer may jeopardize insurance coverage. Plus, your policy may provide or pay for legal counsel to represent you before the Board.
Trying to dissuade the complainant from pursuing the complaint.
If you try to dissuade the complainant it could be construed as trying to intimidate them. This tactic can be damaging and is not likely to be successful. Moreover, confronting the complainant can lead to damaging evidence against you.
Admitting a mistake
Under no circumstances should you admit fault unless you have discussed the matter with an experienced license defense attorney. Depending on the circumstances of the complaint against you, an acknowledgement of a mistake and an apology may be an appropriate course of action; however, in many instances admitting fault will lead to worse consequences and harsher penalties from the Board.
Do not admit fault to the Board hoping that your candor will lead to a slap on the wrist or minor sanctions. Texas licensing boards do not operate in this manner.
Failing to hire proper legal representation.
You have the right to counsel during the course of the entire complaint and investigation process. Exercising this right is a wise decision to protect your license. A license defense attorney will help you properly respond to allegations, protect your rights, and represent you at legal proceedings. Your attorney can mount a strong defense against allegations of misconduct and help ensure the most favorable outcome in your case.
Hire the Experienced License Defense Attorneys of BERTOLINO LLP
The attorney at BERTOLINO LLP know how to carefully research every potential case. We know where to look for evidence and how to use that information to build a successful legal strategy. We know federal and state law and we understand how each Texas state licensing board operates. Our firm is prepared to represent you at every stage of the complaint process.
We provide aggressive advocacy for our clients who are facing disciplinary action from a licensing board, agency, or commission in Texas. Our Firm has an impeccable reputation throughout the Lone Star State. Founder and Managing Partner, Tony R. Bertolino holds a 10 Superb top attorney Avvo Rating.
"I was recently asked an interesting question by a prospective client: What distinguishes your law firm from other law firms? And I got to thinking about it and it seems to me there are three things, three distinguishing qualities that I've recognized since I've begun my own practice. First is the compassion. Secondly is the attentiveness. And thirdly is the aggressiveness."
- Tony R. Bertolino, Founding Attorney
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The professional license defense lawyers at BERTOLINO LLP have consistently won significant cases for doctors, nurses, lawyers, architects, pharmacists and other professionals dealing with issues that could jeopardize their ability to work. 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 (512) 717-5432 and schedule a case evaluation.