The Cons of Representing Yourself before the State Nursing Board then hiring a Lawyer later when you don't like what you see coming around the corner

I have more and more cases where nurses have started off representing themselves before the State Nursing Board and ONLY after seeing the case wasn't going where they thought it should go THEN decided to hire an attorney.

Now don't get me wrong, there is nothing wrong with repping yourself before the State Nursing Board. If you rep yourself, that's fine. Do your prep work and go at it.

But IMHO, I think most of us don't appreciate the seriousness of a State Nursing Board complaint, investigation, hearing, or post-disciplinary or Alternative Program Monitoring because unlike a criminal proceeding there are no court appearances "downtown" and there is no arrest or unlike a civil proceeding you are not formally "served" with a complaint and required to file an answer with the Court.

These cases can be more challenging because the client expectations of the representation can be unrealistic, unreasonable, and untenable with some nurses, certainly not all. 

If you have told yourself 200x "you didn't do anything wrong", your spouse, mom, and BFF have told you 100x "this is no big deal and its minor", and you are relying on the bootleg legal advice provided to you in online nursing forums and chatrooms then you of course you believe the State Nursing Board complaint will be reviewed and closed,  you will practice nursing and live happily ever after. I watched Pretty Women with Julia Roberts last weekend. I want the fairy tale!! See http://en.wikipedia.org/wiki/Pretty_Woman.

Its not about right or wrong, this isn't ethics. Its about whether or not your conduct, actions, or inactions violated the State Nurse Practice Act and/or Board of Nursing regulations.

But its my job and role to bring the client's expectations of representation before the State Nursing Board into conformity with reality and actuality.

You don't pay an attorney to tell you exactly what you want to hear, do you? That's not my role as an objective observer and your advocate.

Comments

[LaTonia Denise Wright]

Hi Shelly,

That's great to hear you are successfully enrolled in an alternative program and doing well.

You are correct to a certain extent, if you follow the rules/regs/policies of the program, then you are in compliance.

But guess what its not that cut and dry or black and white as you may have questions about your compliance, a relapse, etc. Who do you turn to at this point? Your Nursing Board Monitor, other nurses, friends, or family for legal advice and counseling.

I have several nurses who I represent throughout the monitoring process because questions, issues, and crises do you arise while you are being monitored and you can contact your attorney, not go to an online nursing forum to get answers to your questions. Nurses are professionals and all professionals at some point may need legal advice and counseling.

If you don't think you need an attorney then you certainly shouldn't hire an attorney. But when issues arise don't be afraid to seek legal advice and pay for legal advice because there is no substitute for the real thing.

[shelly]

first time on this site. i guess i'm confused. why would i need a lawyer??? i've been in the alternative program for over a year now. i just follow the rules and regulations. that's it. it is all spelled out for me what i can or cannot do. i have never had to go before the board. criteria to enter into the program is written in lawyer lingo but criteria to remain in program and successfully complete it is clear. just dont f**k up!!!!!! why would i want to spend money on a lawyer if i'm behaving myself???

[LaTonia]

Hi Rob,

Thank you for your comment. You made an excellent point about the cost of representation which can be expensive. But your license is your key to employment and if your key is taken then you earn nothing. If you keep the key but you have restricted and monitored access the doors of employment opportunities, then what? Also when you think about the cost of legal representation vs. the impact and hit your nursing career may take over the next 5, 10, 15, or 20 years if you fumble through a Nursing Board complaint, you can see your return on the investment. You say that nurses should speak and consult with other nurses vs. hiring a lawyer. IMO that's not a good idea because there is a tendency to rationalize your own behavior and your friends, colleagues, and family may downplay the signficance of the complaint and your actions or inaction. I see it all the time.

[Rob @ Continuing education for nurses]

I think that nurses serve as their own lawyers on Nursing Baord cases did not have any options because they do not have the money or funds to hire an attorney. Paying for an attorney can cost a lot of money and would affect their savings and for example their desire to continue their education to become a RN, RN-BSN, or MSN. Although, learning the gravity of the situation later on, they may have to hire attorneys, as they are not familiar with the laws and navigating it blindly will only cause more harm than good. I just hope that nurses who are complaining on the Board would seek guidance from a support group before filling to prevent more expenses.