I spoke with a nurse this morning who had some concerns about an attorney the nurse retained. This is important; if you are having issues with your attorney (your attorney is not returning calls, you don't know what's going on with your case, etc.) you should address those issues with your attorney. I never comment on another attorney because that is not professional and its is not my place.
This nurse decided to retain the attorney because the attorney's fees were cheaper than the fees of other license defense attorneys the nurse intially spoke with (including my fee) and the attorney's office was closer to the nurse; the other attorneys were based in other cities (including my office).
First, don't hire an attorney based on the cost of legal services alone, cheaper isn't always better and more expensive isn't always better but you have to find an attorney that you are comfortable with and who you trust to handle your matter. Cost alone should not be the deciding factor and you also want to look at how promptly does the attorney return calls, communicate with you, how accessible is the attorney, experience of the attorney, etc.
Second, with technology and in license defense cases, its doesn't really matter whether your attorney is 5 miles away or 250 miles away for the most part. This isn't a criminal case or a civil case, it is an administrative law case. This is an important distinction. Just because your attorney lives around the corner doesn't necessarily mean you are going to see your attorney more frequently in a license or that your attorney will be more accessible in a license defense case.
Geography isn't an issue in license cases. For example, I live in Cincinnati, Ohio and I represent nurses throughout Ohio, Kentucky, and Indiana. The State Nursing Boards in Ohio, Kentucky, and Indiana are a 75 to 100 minute drive for me. I can drive to Columbus with my eyes closed and I can drive to Louisville backwards; I have to pay attention driving to Indy because of deer and patrol cars however.
I schedule in-person clients with clients and do phone meetings, emails, text, fax, and whatever is needed to be accessible to clients. I have had client meetings as far Evansville, Indiana (we packed a lunch), Bowling Green, Kentucky (you lose cell phone reception driving there and its a different time zone), Youngstown, Ohio, Gary, Indiana, and Ashland, Kentucky (We stay in West Virginia and I meet with clients from Ashland and Ironton, Ohio). I like to play the 25 and 50 cent slot machines so if you live near a casino and you retain me, I will be coming to see you.
I know money is tight and the majority of nurses don't have an individual professional liability insurance policy with a license defense benefit. Therefore if a complaint is filed with the Nursing Board and the nurse wants attorney representation, the nurse has to retain a private attorney and eat the costs associated with attorney representation.
Do your research before you retain any attorney and speak with more than one attorney. The cost of representation and the location of the attorney who be a consideration of course but you also want to take into account other factors.
The Center for American Nurses has information in its legal portal related to selecting an attorney. See www.centerforamericannurses.org.
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