There is no right answer. Is a nurse a nurse a nurse? Of course not and the same can be said for attorneys and law firms.
Your criminal defense attorney may represent you just as well or better than a license defense or administrative law attorney before the State Nursing Board. State Nursing Board matters are a specialty in and of themselves and an attorney (with no experience before the Board) can invest the time necessary into learning the in and outs of representing a nurse before the Board.
Now the counseling and advising on attending nursing law and professional practice matters that go along with State Nursing Board investigations and hearings is an entirely different animal in my opinion. I think this comes with experience and working on cases over time but that's just my opinion.
I am finding in this economy that attorneys who would be turned these types of cases down several years ago are saying "I can represent you before the State Nursing Board" to nurses involved in investigations, hearings, and licensure matters.
The Center for American Nurses has a fact sheet for the factors to consider when retaining an attorney. See www.centerforamericannurses.org. If you are not a member of the Center, you may have to purchase the pamphlet.
Consider asking the following:
1. What is your experience in these types of cases?
2. How many cases have you handled in the past?
3. How many cases do you have now before the State Nursing Board?
4. How do you determine your fee in these cases?
5. Am I your first Nursing Board case?
6. How do you communicate with clients?
7. Can you advise me on nursing workplace and professional practice matters that flow from the Nursing Board matter?
8. Are these cases your bread and butter, i.e., what percentage of your practice involves State Nursing Board or healthcare licensing board cases?
9. What are my options in this case?
10. What are the issues in my case?
You can also contact more than one attorney. Sometimes I suggest that the nurse contact another license defense attorney and I will provide the names of at least two other license defense attorneys.
I am doing this more frequently if the nurse has represented himself/herself throughout the Nursing Board investigation and is really frustrated and surprised that the Board is proposing action against the license. Why?
So the nurse can speak with more than one attorney on how to approach the case because attorneys approach these cases and their clients or prospective clients differently. The nurse can then make a decision on which attorney he/she wants to retain.
I am under no illusion that everyone who contacts my office is going to retain me (for whatever reason) to represent them before the State Nursing Board but I do let nurses know that if they don't retain me, consider retaining someone to assist you. You can contact TAANA at www.taana.org, your local bar association for an attorney referral, or another license defense attorney; but consider retaining someone.
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