No professional enjoys learning about a notice of complaint against their license. Much of professional life is engaged in avoiding just such an occurrence. Receiving that notice means that not only has someone seen fit to file that complaint, but usually also that the agency, board, or commission in charge of the professional’s particular licensure regime has reviewed the complaint and determined that the action or inaction alleged does fall within their jurisdiction to investigate—and that the investigation has officially begun in earnest.
Texas licensing agencies, boards, and commissions are endowed with the power to take various disciplinary actions, up to and including such measures as imposing fines, putting licenses under probation, suspending licenses, and even revoking licenses altogether. So receiving that notice of a complaint filed against them means the professional’s license is in danger, and their career and livelihood are at stake. It’s a lot to face all at once.
Which is why the way the professional responds to this notice is so profoundly important. There are a few common reactions that have an unfortunate effect on a professional’s case. Among these are such ill-considered actions as discussing the complaint with colleagues, other clients or employers; attempting to alter or destroy evidence, such as records, notes, or any other relevant information; lying to the board; assuming the complaint will go away because it is based on what the professional considers to be falsehoods; and communicating with the board or attending legal meetings without an experienced professional license defense attorney.
Instead, a professional under fire should recall that the purpose of licensing boards is to protect the public, which means they are likely to behave in an adversarial manner toward the licensee that is under investigation. Since the professional is so close to the case, it can be hard for them to get a sense of the proper actions to take to improve their chances of a positive outcome in a case.
It is therefore vital that as soon as possible after receiving notice of a complaint, a licensee contacts an experienced professional license defense attorney, like us here at BERTOLINO LLP. The more time we have to craft a response, the better. And the earlier in the process we are involved, the more likely you are to achieve a positive outcome—including possible dismissal of the complaint. But we can’t help if you don’t contact us.
The attorneys at BERTOLINO LLP are prepared to represent you at every stage of the complaint process. With offices in Austin, Houston, and San Antonio, we represent 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.