Receiving a complaint or letter of inquiry from your licensing authority can be a stressful and frightening experience. Some license holders initially feel overwhelmed and choose to ignore the contact from the board or agency which issued their license. This is one of the worst things a professional license holder can do. It can be equally damaging to provide a response to an investigator without first consulting with an attorney who is experienced in representing licensees and applicants. By contacting an attorney at an early stage of the review, you may be able to avoid a disciplinary review altogether or minimize the penalties you face. The attorneys at Rothschild Wishek & Sands LLP can bring to bear their experience and skill in representing license holders and meet with you to craft an individualized defense plan that may include the following measures:

  • Contacting the investigating agency and obtain as much information as possible about the underlying allegations
  • Identifying and develop legal defenses which may end the investigation when presented to the board
  • Engaging the services of a private investigator to interview witnesses or obtain other information helpful to your case
  • Where appropriate, obtaining letters of support from your friends, family, colleagues, and supervisors to present to the board
  • Retaining an expert in your field for a professional opinion and report concerning the allegations under review and whether your acts constitute misconduct or meet the standard of care
  • Arranging for an evaluation by a forensic psychologist to aid in presenting a case to the board
  • Involving an interventionist who can devise an effective and appropriate treatment plan if you face allegations of alcohol or substance abuse
  • Facilitating your enrollment in a suitable and affordable treatment program
  • Identifying settlement options that allow you to continue working and keep your license

If your matter is not resolved at an early stage, the board will issue an “Accusation,” or a “Statement of Issues” (for license applicants). An Accusation is a legal document which sets out the jurisdictional basis for the disciplinary review against you as well as the detailed facts of the allegations. Accusations are public record and, depending on your board, may be prominently posted on the board website in the disciplinary section. Even if you eventually succeed in defending against the allegations and prevail at a trial or dismissal before hearing, the document may remain available on the internet or upon a public records request for the information. This is yet another reason to contact an attorney at an early stage of your case and attempt to resolve the inquiry as soon as possible.

Rothschild Wishek & Sands LLP can be your voice and advocate to the board.

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