I represent nurses in licensure and professional practice matters. So I receive a number of phone inquiries each week for nurses seeking representation in Board of Nursing disciplinary investigations.
After the initial phone consultation, I forward a packet of information to nurses for review and consideration. It always includes a Legal Services Agreement if the nurse wants to establish an attorney-client relationship.
Some nurses retain me, some don't.
Most nurses do not have professional liability insurance therefore in order to retain an attorney the nurse must pay "out of pocket" for legal representation. For nurses who don't have professional liability insurance, I charge a flat fee for legal representation. At least half of the flat fee must be paid initially.
A nurse contacted me this week who has been reported to the BON for falsification of medical records. Actually I have received two phone inquiries this week from different nurses related to allegations of falsification of medical records. Go figure.
I mailed the nurse a packet of information. The nurse left me a voicemail yesterday thanking me for the information and stating she can't afford to pay half of the flat fee.
I understand completely. The nurse is getting married soon so I can imagine that paying for a licensure defense attorney (an unplanned expense) is peanuts when you are paying for a wedding and handling the details of your wedding.
I also pointed out to the nurse in our initial discussion that she had did a few things that were "not in her best interest" after the Board of Nursing complaint was filed and that she was essentially "flying blind" in the licensure matter. Flying blind meaning being reactive and not looking at the big picture.
But in my experience this is common when nurses represent themselves in Nursing Board matters.
Just a few observations:
1. Board of Nursing disciplinary investigations are adverserial in nature. Just like criminal matters where you have the defense and the prosecution and in civil matters where you have the plaintiff and the defendant, you are on one side of the table and the Board of Nursing is on the other side table.
2. Most nurses proceed without attorney representation in Board of Nursing disciplinary investigations. Whether you realize it or not, you are proceeding "pro se", i.e. you are representing, counseling, and advising yourself.
3. If I have $2.50 for every time I have said this, I could purchase a vacation home in Las Vegas and retire. Consider purchasing your own professional liability insurance policy with a licensure defense protection benefit.
4. It costs money to retain an attorney. Any attorney whether its a flat fee agreement or hourly agreement will want an initial payment for legal fees.
Contact several different attorneys and compare fees. Flat fee vs. Hourly Fee.
Depending on the issues involved (employment, civil, criminal, licensure, and/or regulatory), it may cost one, two, three or 12 months of your salary. There was a case several years ago that involved nursing malpractice, a Board of Nursing investigation, labor arbitration, and criminal charges against a union nurse. This nurse did not have professional liability insurance and spent $25,000 to retain a criminal defense attorney, personal counsel in the malpractice case, personal counsel in the labor arbitration, and attorney representation in the Board of Nursing investigation.
5. Money is always a consideration especially in these tight economic times. However you must ask yourself the following:
A. Should you represent yourself? Of course, you CAN represent yourself, but should you?
B. Are you willing to do the necessary research and investigation (law, rules, Board cases, state case law, Board opinions, process and procedure for investigations and adjudications, Board documents, etc.) to represent, counsel, and advise yourself before the Nursing Board?
C. Is it in your best interest to represent yourself?
D. Can you remain objective throughout this process?
E. How will you know if what's being proposed to resolve the complaint is reasonable?
F. Who will inform you of your options? For example, if the Board proposes action against your license, what does this mean? How does it impact your employment? What your nursing career? Should you continue your nursing education?
G. What is your license worth to you?
Nursing College, several thousand dollars in student loans;
Law School, tens of thousands of dollars in student loans;
Maintaining an active and unrestricted law license (Ohio, Kentucky, and Indiana) and nursing license (Ohio), Priceless.
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