The Role of an Attorney in License Defense
Defending a professional license in a legal case can be challenging and complex, with potentially severe consequences if not handled carefully. This is why it is important for professionals to understand the role of a license defense attorney in these situations, the common reasons for license defense cases, and who to contact when in need of a license defense lawyer.
Why May Your License Be Threatened?
A professional license may be in jeopardy for various reasons, including criminal convictions, misconduct, negligence, or non-compliance with licensing standards. Consider the following examples:
- If you are accused of engaging in inappropriate behavior while on the job, such as entering into a romantic or sexual relationship with a patient or client. Professional licensing boards take such allegations very seriously and may suggest a lack of consideration for the well-being of your patients.
- If you face allegations of “gross incompetence,” it could mean the agency believes you have not adhered to professional standards or, in the medical context, failed to meet the standard of care in a given situation. In such circumstances, you must vigorously defend yourself and your career, particularly if you believe the accusations are unfounded.
- Your license could be in jeopardy due to accusations of drug use either on or off the job, as well as substance or alcohol convictions. This may include allegations of misusing prescription drugs or failing a drug test that detects the presence of illicit substances in your system.
The Role of an Attorney in License Defense
A license defense attorney can play a crucial role in securing a favorable resolution in a disciplinary case. Their job often includes the following tasks:
Assess the Case
The licensing board must provide you with sufficient information to address the accusations against you. However, accusers sometimes may overstate or fabricate claims against the accused. For instance, an unsatisfied customer might file a false complaint to cause trouble for you. As a result, professionals often reach out to an experienced license defense attorney to help with these cases.
These legal professionals can help you examine the complaint that serves as the foundation for disciplinary action, scrutinize the reported facts, and determine whether there are witnesses and documents to substantiate or disprove them. After conducting their investigation, the attorney can then devise a strategy for handling the disciplinary action.
Defend Your License
If you and your attorney believe there is a real risk of facing disciplinary action, they will need to gather and try to present evidence that can help reduce the severity of the potential consequences. Taking these proactive steps could result in receiving a reprimand instead of more serious actions like suspension or termination. Your license defense attorney may also decide to negotiate a resolution to the allegations against you to achieve the best possible outcome.
Communication With the Licensing Agency
If your licensing agency has filed a disciplinary action against you, the agency will undoubtedly have an attorney representing them. The experienced attorneys at Gould, Hahn, & Reinhardt routinely communicate with these agency attorneys and will stand in your shoes, communicating with agency legal counsel on your behalf, putting their knowledge of the license disciplinary process to work for you.
Representation At Hearing
If your case proceeds to an administrative hearing, a license defense attorney plays an extremely important role. An experienced license defense attorney will be familiar with the process of calling witnesses, submitting evidence, eliciting testimony from your witnesses and cross-examining agency witnesses, as well as discussing your options for reconsideration and appeal. An administrative hearing is a critical opportunity to defend your license and livelihood, and it is extremely important to have an attorney who can properly represent you.
Reinstating Your License
If your license has been revoked, you may wish to reinstate your professional license and resume your career after a period of time. Depending on the circumstances of the license revocation, you may be able to petition the agency for reinstatement, and a skilled defense attorney to assist with this process will improve your chances of success.
Contact Gould, Hahn, & Reinhardt Today To Learn More About How We Can Help You
At Gould, Hahn, & Reinhardt, our team of highly skilled and experienced professional licensing attorneys plays a pivotal role in assisting individuals in overcoming the legal challenges associated with obtaining licenses and credentials required to pursue their chosen professions.
If you want to learn more about how our legal team can help you with your licensing issues, contact Gould, Hahn, & Reinhardt today.