More Cash Strapped Litigants Don't hire a Lawyer: Repping Yourself

See http://online.wsj.com/article/SB10001424052748704229004575371341507943822.html

I see this alot in my law practice also and I don't think most nurses are cash-strapped. IMO the perceived value of State Nursing Board attorney representation doesn't justify the cost for the majority of nurses across the country who represented themselves before the State Nursing Board.

After all, its just a State Nursing Board complaint, why would you need representation?

There isn't an awareness of the State Nursing Board for what it really is in these cases.

1. The Board protects the public and is a regulatory agency of the State.

2. The Board functions in an administrative law capacity in disciplinary investigations and hearings functions involving licenses.

3. What is administrative law anyway? http://en.wikipedia.org/wiki/Administrative_law

We are all familiar with criminal law and the criminal court system from Law & Order and other court TV dramas.http://en.wikipedia.org/wiki/Criminal_law

We are all familiar with the civil court system also and what it means to be a plaintiff and a defendant. http://en.wikipedia.org/wiki/Civil_law_(common_law)

But hardly anyone has a real appeciation of administrative law and State regulatory agency investigations and adjudications. I think this is another variable why alot of nurses rep themselves.

Repping Yourself?

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

http://advocatefornurses.typepad.com/my2cents/2008/03/representing-yo.html

http://advocatefornurses.typepad.com/my2cents/2009/03/representing-yourself-before-the-nursing-board-until-you-dont-like-where-the-case-is-going.html

http://advocatefornurses.typepad.com/my2cents/2008/11/should-i-represent-myself-before-the-nursing-board-the-question-to-a-question.html

http://advocatefornurses.typepad.com/my2cents/2010/01/my-top-10-for-diy-representing-counseling-or-advising-yourself-when-legal-ethical-or-professional-pr.html

http://advocatefornurses.typepad.com/my2cents/2009/12/nurses-are-taking-their-state-nursing-board-case-to-the-mat-top-10-why-nurses-represent-themselves.html

4. Also a complaint against your license is personal for most of us and the instant reaction is "I didn't do anything wrong" without really appreciating its not about right or wrong from a moral perspective, but whether or not there is a violation of very broad and all-encompassing State Nurse Practice Act and/or Board of Nursing regulations.  

Comments

[Anne H.]

Do you believe that employers should offer nurses group legal insurance? If it was offered, do you think there would be a lack of legal firms willing to accept the allowable fees?