Receiving notice of a disciplinary complaint against your license can be extremely stressful, especially when it is unexpected. As sanctions resulting from disciplinary proceedings may be severe, you may be concerned about the potentially adverse effects on your license, your job, and your career.
A Texas professional license defense attorney can help defend you in disciplinary proceedings that may arise from a licensing board complaint. If you are facing a disciplinary action by your professional licensing board or agency, you can contact the offices of Bertolino LLP by calling (512) 515-9518 or contacting us online.
Promptly Respond to the Complaint
When you receive a disciplinary complaint, stress and fear may cause you to ignore it and put off responding to it. On the other hand, you may assume that the complaint is frivolous or baseless and needs no response from you. However, disciplinary complaints are serious matters that you must take immediate action to counter, regardless of what you think of the merits of the complaint. When your licensing board gives you a deadline for a response, you should meet that deadline at all costs.
Ignoring a complaint or failing to respond to it in a timely matter can lead to even more trouble for you. In many professions, failure to respond or cooperate with your licensing board is an independent basis for a new violation, which carries the risk of additional sanctions. Simply responding to the complaint on time can go a long way toward showing your licensing board that you are taking the matter seriously.
Likewise, formulating an assertive and immediate response to a complaint against your license can have a critical effect on the steps that your licensing board will take next. A prompt, thorough, and thoughtful response may be enough for the licensing board to dismiss the complaint against you in some cases. If you consult with an attorney at the outset of your case, they can help you craft a complaint that puts you in the best position possible to reach a successful resolution to your case. By getting legal advice early in the process, you will be able to mount a strong defense to the allegations against you and help direct the scope of the board’s investigation.
Don’t Communicate with Others About Your Case
When you speak with an attorney about your case, the attorney-client privilege applies. Your attorney must keep confidential anything you discuss with them. However, other people in your life are not subject to the same confidentiality rules. For instance, although you likely will want to discuss the allegations against you with your family, your friends, or your colleagues, you should refrain from doing so. Your licensing board could contact these individuals as witnesses or ask them to provide certain information about your case. If you have already talked about your case with these individuals, they may have important information that they might otherwise not have. Even a witness who is on your side could end up inadvertently disclosing information that hurts your case.
Furthermore, you should not directly contact the investigator assigned to your case by the licensing board, or anyone else who sits on the licensing board. While it is common and understandable that you want to tell your side of the story, you might innocently divulge information that could worsen your case. You may accidentally provide evidence that supports the licensing board’s case, which is the last thing that you want to do. Before you speak with an investigator or any representative of your licensing board, you should speak with an attorney.
Licensed professionals sometimes make the mistake of contacting the complaining party directly, in hopes of resolving the situation informally. Again, contacting a complainant or witness about an alleged license violation is extremely unwise. The licensing board could perceive your actions as attempting to bribe or otherwise influence the complainant to withdraw the complaint. Your licensing board could find that you are impeding its investigation and acting unprofessionally, which can lead to further sanctions.
Keep a Low Profile
Extreme stress brought on by a disciplinary complaint can cause a licensed professional to act in a way that they wouldn’t normally act. You may be tempted to blow off steam at a local bar or post about your situation on social media platforms. Drawing attention to yourself and acting inappropriately and unprofessionally will not help your case.
Just as you shouldn’t discuss your case with your friends, family members, or colleagues, you shouldn’t air your grievances on social media. Refrain from publicly attacking the complainant, whether via social media or by talking to others. You also should not criticize your licensing board, as it is likely to be the entity deciding what happens with your license. As mentioned above, you should only be discussing your case with your attorney.
Likewise, partying, overindulging in alcohol or drugs, or generally behaving badly in public will not help the image that you want to portray to your licensing board. Anyone who witnesses you behaving in this manner could contact your licensing board and report your behavior, which undoubtedly will not help your case.
Your best bet is to avoid social gatherings, parties, and other places that might make it seem that you are not taking the complaint against you seriously. You should limit yourself primarily to work or home and focus on what you need to do to build a strong defense in your case. Your attorney can work with you to develop the best strategy in your case and help you resolve your case as quickly and quietly as possible.
Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
A Bertolino LLP professional license defense lawyer can examine your situation, evaluate your options, and advise you as to the most effective strategy for preserving your license. Our goal is to put you in the best position to protect your license and career from potentially harmful sanctions that may result from disciplinary proceedings. Call us today at (512) 980-3751 or get more information about us online.
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