If allegations of misconduct have been filed against you with a professional licensing board, your livelihood, career, and reputation are on the line. It is absolutely necessary that you mount a strong legal defense against the allegations.
Hiring a professional license defense attorney immediately after being notified of a pending complaint is one of the best actions you can take to help ensure you receive the best possible outcome in the case against you. Having an attorney to advocate for you from the beginning, from your initial responses to the Board, is critical.
Allegations of Misconduct: Can I Convince the Licensing Board They Have No Merit?
Without knowing the specific facts of your case, that question cannot be properly answered; however, there are a number of actions that can be taken at the start of an investigation and throughout the enforcement process that will help demonstrate to the licensing board that the allegations have no merit.
First, although you may want to, do not contact the licensing board to explain your side of the events in question, or ask for information about the complaint process. Doing so is not advisable, will not help your case, and may in fact harm your defense.
Respond only to Board requests for responses, information, or evidence. Your professional license defense attorney will talk to the Board when it is necessary. All communications with the Board should be handled by your attorney. Also, your attorney will give you the information you need about the Board's specific complaint process.
As a general rule, you should not discuss pending allegations of misconduct with anyone other than your attorney. Communications with your attorney are privileged and protected from Board intrusion. If you have a duty to disclose a complaint against your license to superiors, insurance carriers, or other parties, then do so. Give only the information that is necessary to meet your duty to disclose, and otherwise speak only to your attorney. Information you share with others, things you say, are not privileged and not protected from the Board's reach.
Second, with the help of an experienced professional license defense attorney you can be pro-active about defending yourself from the start of the investigation and throughout the enforcement process. In instances where the allegations have no merit, the investigations can often be shut down with well-crafted initial responses to the Board's inquiry.
Timely responding to the Board's requests, providing sufficient evidence demonstrating that your actions did not violate any Board rules or regulations, and maintaining a calm, collected demeanor in interactions with the Board and complainant are all important actions to demonstrating that the allegations of misconduct are meritless.
Defending Against Allegations of Misconduct Against Your Professional License
You do not have to face your licensing board alone. You can and should have an advocate by your side, zealous representation― an attorney experienced in professional license defense.
Our Firm believes that immediately consulting an experienced professional license defense attorney to review complaints alleging violations of board rules or other professional misconduct helps ensure the most favorable outcome in your case.
If you have received a licensing complaint, BERTOLINO LLP can help. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. We know how to build a strong case to protect your license, career, and livelihood. Our results speak for themselves.
If you are facing allegations of professional misconduct or disciplinary action from a Texas licensing board, contact us today or call (512) 887-7305 and schedule a case evaluation.
BERTOLINO LLP proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.