I was contacted by a nurse who is being investigated by two Nursing Boards and was looking for representation, counseling, and advising in both matters but could not afford to pay an attorney fees. Its becoming more common especially since I practice in Ohio, Kentucky, and Indiana to see these types of cases.
Attorneys are like nurses, we expect to be paid for the services provided. Would you work for free for a hospital, home care agency, or staffing agency? Of course not, so why would you expect your attorney to handle or assist you in your license defense case or a professional nursing practice matter for free.
I am being asked, why don't license defense attorneys take nursing license defense cases on a pro bono basis? Well let's see, pro bono services are usually provided to the low income, poor, and/or disadvantaged groups.
LPNs, RNs, and APRNs are not low income, poor, and/or traditionally disadvantaged groups in need of access to justice and pro bono services.
I am more willing to work on a reduced fee basis with a nurse with a suspended license seeking license reintatement, NCLEX-Applicant or a nursing student than I am with a licensed and practicing RN, LPN, or APRN. But that's just me and each call and case is different.
Contact The American Association of Nurse Attorneys (TAANA) at www.taana.org to see if there is a license defense or administrative law attorney in your state
http://www.abanet.org/legalservices/probono/
Also I get asked, why don't you provide free legal consultations like most attorneys. If you contact my office, I will speak with you or return your email or fax. I will try to assist anyone because I like to help if I can or refer you to someone who can assist you if I cannot assist you.
I will speak with a nurse about a license defense case or a professional nursing practice, employment contract, etc. without charging a fee however, I will not provide any types of legal advice or counseling without establishing an attorney-client relationship or scheduling a legal consultation.
I have clients who pay me to represent them and I am working for them. I also have nurses who pay me for a workplace, career, or legal consultation and I am working for them. I am not working for you unless you pay me; just like you are not working a healthcare organization, unless you are being paid.
So yes, you can contact Attorney Z, who practice family law, criminal law, and zoning issues, who offers free legal consultations and receive advice on a Nursing Board matter or a professional nursing practice. I am not offended in anyway, shape, or form.
But just keep in mind when you contact an attorney today and you indicate that you needed assistance yesterday (meaning ASAP) in a Nursing Board or professional practice matter, the next statement, shouldn't be "Oh and I don't have any money to pay you."
Getting paid for your services...what a novel concept!
Posted by: Jack Stem | July 07, 2009 at 12:03 AM
It is a basic concept! I always ask if a nurse has professional liability insurance with a license defense benefit. I don't want nurses to pay for attorney fees out of pocket if they don't have to especially in this economy. The answer, 9 out of 10 times is NO, I have coverage through my employer.
As you may have guessed, your employer's insurance does not have a license defense benefit for nurses because it is meant to protect the facility and alot of times anyway its the employer or former employer filing the Complaint with the State Nursing Board against nurse.
Now the kick in the teeth, nurses rely on a healthcare organization's malpractice coverage and it is usually the employer through nursing management that files the complaint with the State Nursing Board.
What is wrong with this picture? I think there should be a year long course in Nursing School on professional, legal, and ethical issues in practice and 3-6 hours of CE required on renewal on the State Nurse Practice Act, professional nursing practice, and ethical and legal issues in nursing practice in a particular state.
We need to have a better handle on the law, legalities, and legal issues in nursing practice as a profession and not be so quick to say "Oh I am covered by my employer" because although we may not realize it, this statement says alot about our mindset and where we are as profession with respect to professional nursing practice.
Posted by: latonia | July 07, 2009 at 07:45 AM
Amen!!!! Thanks for the additional information.
CONGRATS on your wedding!! Bet $5.00 for me (you know I'm good for it! LOL!
Posted by: Jack Stem | July 08, 2009 at 08:59 AM