Self-Representation is a Right: But at what point is representing yourself a liability?

The legal community should do a better job with educating the public on the need for an attorney. This may change the public perception of attorneys.

I can tell you based on what I do, most licensed healthcare professionals don't understand why its important to have an attorney, when to contact an attorney, or how workplace, clinical, regulatory, and professional practice issues can turn into legal issues. At what point is representing yourself a liability?

http://advocatefornurses.typepad.com/my2cents/2009/11/state-nursing-board-complaints-and-nurses-it-can-happen-to-anyone.html

http://advocatefornurses.typepad.com/my2cents/2009/12/coulda-woulda-shoulda-and-maybe-i-didnt-know-action-against-the-license-was-reported-to-several-nati.html

http://advocatefornurses.typepad.com/my2cents/2009/10/indiana-nursing-board-hearing-and-repping-yourself-.html

I spoke with a licensed HCP who has a complaint pending before a State Licensing Board this week. The Board is proposing action against the license of the licensed HCP. The complaint has been pending for several months and the licensed HCP has provided a statement, met with the Board investigator twice, and submitted additional information as requested by the Board. The licensed HCP violated the Practice Act and admitted to the violation.

I explained to the licensed HCP, your options are as follows:

1. You can retain me for a traditional attorney-client relationship; or

2. You hire me just to review the proposed action against your license and then decide if you want to establish a traditional attorney-client relationship based on the legal consultation.

My exacts language was as follows:

"You have been representing yourself before the Board throughout the complaint investigation phase and therefore you must decide how you want to proceed."

The licensed HCP responded "What do you mean I have been representing myself? No one told me I needed an attorney or that I could have hired an attorney. I don't want this to turn into something ugly so I gave the Board whatever was requested here. I just want this resolved."

That's understandable and that's why I am pointing out your options here either full scale representation vs. limited representation or a legal consultation to review the proposed Board action and discuss your options.

You have been representing yourself before the Board whether or not you realized this, you have in fact been representing yourself. I need you to understand this because this is important.

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I don't know whether the licensed HCP will retain me for a traditional attorney-client relationship or schedule an appt. with me and pay for a legal consultation for me to review the proposed Board action.

The legal community really needs to beef up our efforts to explain the role of attorneys and the importance of legal counseling and advising to individual Americans. Legal representation isn't just for corporate America and businesses. Individuals, especially licensed professionals may need legal representation or legal counseling and advising at some point in their careeer.

Just make sure you realize at some point representing, counseling, and advising yourself may become a liability.

Yes, it will save you some green (cash) but when its your license which is your golden ticket to opportunity or as I like to say "my meal ticket" is it in your best interest to speak with somone INITIALLY when you are notified about a pending complaint against your license vs. the day you are scheduled to meet with a Board investigator vs. when you receive an Agreed Order, Settlement Agreement, or Consent Agreement in the mail/email vs. two weeks before an evidentiary hearing.