Liberty or Licensure & Livelihood: Ene Mini Miney Mo, Criminal Defense Attorney or Licensure Defense Attorney
If you are charged with a crime as a licensed nurse (RN, LPN, APRN) you may have to retain a criminal defense attorney and a licensure defense attorney.
1. If you are charged with any crime (outside of traffic tickets) retain a criminal defense attorney.
2. If you are contacted by the State Nursing Board about the pending criminal matter, you can retain your criminal defense attorney to represent you in the licensure matter or you may have to retain a licensure defense attorney.
How will the Board of Nursing know about a pending criminal matter and charges? Law enforcement, your current or former nursing employer, another state regulatory agency, etc. may have contacted about the Board especially in the alleged criminal conduct occurred in a facility.
Its not uncommon for nurses to have a criminal defense attorney and a licensure defense attorney. There are criminal defense attorneys that also handle licensure matters however this may be a seperate retainer and fee.
Why am I mentioning this? I have terminated the attorney-client relationship with three nurses for non-payment of legal invoices in the last 30 days. All three of these nurses had to retain a criminal defense attorney and then retained me as their licensure defense attorney. Clients can terminate attorneys and attorneys can terminate clients.
When a nurse is charged with a crime, retaining a criminal defense attorney or securing the services of a public defender (if you meet certain income guidelines and depending on the criminal charges) is a priority. Its your liberty. However your nursing license is your livelihood and should be a priority also.
3. Consider purchasing your own professional liability insurance policy. It will not cover criminal defense fees but it will cover licensure defense before the Board of Nursing. The three nurses I represented and subsequently terminated did not professional liability insurance.
4. I know alot of us are living paycheck to paycheck in these tough economic times. However you are licensed professional. Save a dime or two here and there for a pinch. I don't think anyone goes to work as a nurse and says "I am going to do something that gets me charged with a crime and reported to the Nursing Board" but if this happens you may be a pinch. See http://www.thefreedictionary.com/pinch.
I have had at least 4 nurses contact me in the last 45 days saying they don't have money to retain a licensure defense attorney because they had to retain a criminal defense attorney. What do I say? I feel for these nurses however attorneys like nurses expect compensation for practicing.
Which is most important in your opinion when a nurse is charged with a crime and is also being investigated by the Nursing Board: retaining and paying a criminal defense attorney or retaining and paying a licensure defense attorney?
Give me liberty or Give me death! Right?
Posted by: latonia | June 23, 2008 at 09:06 PM