Professional licensing defense is complex, complicated and a long process. It can be, and often is a long journey in order to keep, or mitigate against professional complaints on behalf of any licensed professional. When a professional’s license is threatened by an action before an administrative board, there is the significant disruption to the professional’s career, the professional perception, and the income stream. As such, it is important for professionals to know their rights, to be aware of the process, and to make sure that more than a feeble defense is offered.
When it comes to defending a professional license violation, there are a few key steps to take.
- First, it is important to understand the nature of the complaint and the potential consequences of the complaint. As with any legal matter you consider consulting with an experienced attorney that can explain the law and help you understand the violation you are facing. Most sanctions will be found on the charts promulgated by professional boards. For example, click here to view the Board of Psychology chart.
- Second, the professional should obtain experienced and competent legal counsel to help throughout the process.
- Third, it is important to compile evidence to support the defense. This could include witness testimony, documentation, and other forms of evidence through the rules of discovery. An expert witness in the professional’s field might be employed.
- Fourth, the professional along with their attorney should prepare a response to the complaint, and make sure that it is thorough, accurate, and timely.
- Fifth, the professional along with their attorney should consider any potential settlement negotiations and be prepared to defend the legal position.
These steps are essential in ensuring that a professional’s license is defended successfully. It is important to be aware of the potential consequences for a professional’s license, and to be prepared to take the necessary steps to defend it.
Professional licensing defense can be a complex process, and it is important to consider hiring a skilled attorney that has the right support and resources to ensure that the process is successful.
The experienced attorneys at The Law Office of James A. H. Bell, P.C. have extensive litigation experience in front of Administrative Hearing Officers, or handling such matters as complaints against members of the Department of Safety, ethical allegations involving attorneys, professional allegations involving health-related service violations, and allegations of misconduct made against realtors, pharmacists and psychologists, along with many other licensed professionals.
The elephant in the room that needs to be discussed is legal costs. Litigation is expensive. Lawyers often charge by the hour on these kinds of cases. Litigation costs also include depositions, and other discovery issues such as expert witnesses. Most lawyers, such as our office, will require a retainer and the retainer agreement will have a replenish clause to pay for the anticipated skills and time involved.
Litigation unsuccessfully leaves one at the hands of the prosecution who seeks sanctions against the professional licensee. These folks are skilled and some are career lawyers prosecuting these cases. This work is all they do, so beware – they are very experienced, and very smart.
