It’s a scenario that guarantees sleepless nights: The licensing board is already investigating you, and you know that you’ve done things they haven’t discovered yet.
Perhaps you’re wondering if you should admit to the other wrongdoings before they’re discovered, hoping that the board will be lenient if you’re forthcoming. Sometimes this works. However, don't think that your disclosures will turn an adversarial proceeding to something friendlier.
Before volunteering information to anyone, discuss your situation with a lawyer experienced in handling disciplinary matters. You do want to discuss any of these yet-undiscovered issues with counsel, because an attorney needs to know how to best prepare your defense. What you don't want to do is have him caught unawares. Remember: The Board is not on your side. But your attorney is on your side.
If you’ve got malpractice insurance, your policy may even provide coverage for disciplinary proceedings. Many policies provide thousands of dollars in reimbursement for a defense lawyer in a disciplinary matter.
Next, if you do have a malpractice insurance policy, you should read it carefully. Some malpractice policies prohibit individuals from admitting liability without the consent of the insurance carrier. Self-reporting without your carrier’s consent could void your policy.
After speaking with your attorney—but only after that—you may need to be upfront and honest with your boss, supervisor or the partners in your practice. Discuss with your attorney exactly what you will say, and what you will not say. You may need to tell them about the ongoing investigation. Your natural, human impulse may be to admit all your wrongdoings, clear your conscience, and ask for forgiveness, but doing so at this point could lead to future problems. For example, what you reveal to your attorney is covered under attorney-client privilege. However, if you tell anyone else about what was said in a conversation with your lawyer, you may have just waived privilege. Even worse, you may also inadvertently give a boss or coworker information that could turn them into witnesses against you.
BERTOLINO, LLP has been defending licensed Texas professionals for years. We use a creative, results-driven approach to help you get the best possible outcome in your case. We speak for you. Our results speak for themselves.
If you are facing allegations of professional misconduct or disciplinary action, contact us today or call (512) 717-5432 to 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.