Role of Counsel
Professionals often realize their licenses and practices are at risk when they learn of a complaint to a licensing agency, find out they are being investigated, or have been charged with a crime. Under any of these circumstances, it is almost always best to engage an attorney experienced in professional license defense. At Rothschild Wishek + Sands LLP, our attorneys have the experience and expertise to assist if you are facing any of the following situations:
- You have been contacted by a licensing board or agency investigator who is seeking:
- To discuss an allegation or schedule an interview
- Your business, client, or patient records
- A release to allow records of yours that are held by others to be disclosed to the agency
- A written explanation of an arrest, conviction, or allegation of misconduct
- An investigator has come to your workplace to obtain a chemical test, documents and records, or to schedule an interview
- You have learned you are under criminal investigation or have been arrested or charged
- You have received a letter offering an opportunity to participate in a diversion program because of an allegation of substance abuse or chemical dependency
- You have received a formal accusation or a statement of issues
- You receive an order for a compelled medical or psychiatric examination
- You receive a subpoena seeking records of your clients or patients
Many board and agency investigators are peace officers who may be conducting a parallel criminal investigation, or they may refer the case to a prosecutor for filing criminal charges in addition to a license disciplinary proceeding.
Our experienced professional license defense attorneys can assist you no matter what the circumstances. If you made an uncharacteristic mistake, we can immediately develop a plan to address the mistake and help you develop mitigating evidence to minimize the discipline that might be imposed. If you are falsely accused or there has been a misunderstanding, we can assist in investigating the matter and developing a defense calculated to avoid the filing of a public accusation and the expense and anxiety that accompany a disciplinary proceeding.
We will listen, ask questions to understand, explain the process, and provide advice and counsel about the options and the best course of action. Every case is unique, and as a professional facing a license investigation or proceeding, you will make the decisions about how to proceed. With your direction, our attorneys may:
- Immediately contact the investigator on your behalf, confirming that you will cooperate in responding, but will do so through counsel, and asking for information on the board’s investigation and concerns
- Assess whether the allegations pose a risk of criminal charges such that our attorneys will recommend you assert your privilege against self-incrimination, which cannot be used against you
- Hire a licensed investigator to interview witnesses and develop facts and evidence
- Engage a consultant/expert to review the relevant records and prepare a report confirming that you have acted within the standard of care
- Assist you in preparing for an interview or preparing a written explanation or response
- Assist you in securing letters of support from colleagues and others who know you to confirm your character and professional skill
- Arrange for a psychiatric or psychological evaluation to rebut allegations of misconduct or to confirm fitness to practice safely
- Refer you to appropriate treatment, including counseling, therapy, or chemical dependency treatment. Such treatment may remain confidential and will only be disclosed where you determine it is in your best interest. Treatment does not mean you have a mental health problem, but rather that you are seeking to understand and address the conduct that is being investigated
- Refer you to appropriate classes or professional continuing education
- If you are facing a criminal allegation, our attorneys can work with your criminal defense counsel to explain the reporting requirements concerning the criminal action, as well as the consequences of a conviction or plea bargain on your professional license. We often prepare letters that criminal counsel can share with a prosecutor or judge to argue for a more favorable settlement of the criminal charges because of the professional licensing consequences
If an accusation has already been filed, our attorneys will timely file a notice of defense, which may include any special defenses. Whether you are an applicant or already hold a professional license, once formal disciplinary action has been commenced, we will immediately seek copies of the discovery documents to which you are entitled. We will then assist you in developing the best possible case to present at a hearing, and negotiate with opposing counsel the best alternative available through a settlement in lieu of a hearing.