I See Why Nurses Represent Themselves

This was a busy week for me with inquires about representation.

I had a nurse say to me after I quoted him a flat fee for representation "I've spoke with three attorneys about representing me before the Board. The fees are too high and I see why nurses represent themselves in these cases." See this article/CE. http://www.wildirismedicaleducation.com/courses/147/index_nceu.html

My response was that is your choice. You as a professional have to decide whether to represent yourself or retain an attorney to represent you in a Nursing Board investigation.

Flip a coin, heads you represent yourself and tails you retain a licensure defense attorney. Maybe that is the better way to decide.

Comments

[latonia]

Joe,

I agree with you but we are attorneys and of course seen as being biased when recommending legal services.

Nurses are professionals and make an above wage. However when it comes time to retain a criminal defense attorney, some nurses will seek to qualify for a public defender or simply chose to represent themselves and take a "wait and see" approach in a licensure investigation.

If a complaint is filed against my law or nursing license, I WOULD NOT represent myself and I am an attorney.

How could I represent myself and remain professional and objective? I would retain an attorney. This is why I have malpractice insurance for my nursing and law licenses.

[Joe Flores]

In response to the nurse who stated that many nurses represent themselves because the cost is too high. I understand fully that cost is an issue but look at it from a cost-benefit analysis. If you go in to represent yourself you undoubtedly spend a great deal of time and worry and anxiety not knowing what to expect. Help for nurses from other nurses to prepare for a state board or peer review hearing is virtually nonexistent. Most RN's make a decent wage and climbing as the need for RN's and qualified instructors increases and therefore I always tell nurses they have to ask themselves the following: Is a few thousand for a lawyer worth keeping a livelihood that makes you anywhere from 40 to 80 thousand dollars a year on average. Often, what can be headed off at the pass so to speak can occur with an experienced Nurse Attorney on Board. I have sat many times in Texas at our state's capitol defending nurses and I have seen other nures go in with an attorney unskilled in administrative law thinking they can go in there and battle like it is a regular courtroom: it is not. I have also seen RN's go in alone and more often than not totally vulnerable to whatever will occur. I quite agree that it is the individual's choice on whether to retain an attorney but the majority of nurses or any type of client who represent themselves do so at their peril. Joe Flores, RN,MSN,CCRN,JD