Do I stand a chance if I represent myself? The Price is WRIGHT

I need help. I am getting screwed over royally by the State Nursing Board. I can't afford to hire an attorney. One attorney wanted 1500+.

Do I stand a chance if I represent myself??

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Thank you for your comment on my blog. As you can see, I edited your comment as you disclosed alot of information in your original comment.

Guess what?

 You are representing yourself.

You are representing yourself whenever you have a legal matter with a licensing board and you don't have an attorney. You may not realize it, but you are already representing yourself.

You are representing yourself now, you have represented yourself in the past with your dealing with the State Nursing Board, and your representation of yourself had lead to you this point. The here and the now.

Therefore I think you have enough information to answer your question which is: do I stand a chance if I represent myself?

I don't mean to be harsh but I don't think many nurses realize that you are representing yourself before the State Nursing Board anytime you don't have an attorney and you are involved in a disciplinary investigation, complaint, hearing, or application for endorsement or initial licensure and there are affirmative responses which trigger an investigation.

But I asked the Board investigator do I need an attorney and I was told no?

Really? You are not required to have an attorney for ANYTHING because there is a RIGHT to self-representation in this country. So therefore when you ask a Board investigator, do I need an attorney, the answer is no.

But ask yourself this, if you have to ask a Board investigator do I need an attorney, do you need an attorney? Probably so. 

But I didn't do anything wrong?  

This isn't Sundary, you are not at church and we are not talking about moral right and wrong. Nursing Board investigations are about alleged violations of the State Nursing Practice Act and Board of Nursing regulations. If you want to speak of and deal with right and wrong, speak with your spirtual advisor. 

If you want to know whether or not your alleged conduct, actions, or inactions violated the State Nurse Practice Act and/or Board of Nursing regulations, then come on down, you are the first contestant on the Price is WRIGHT. Call me, text me, email me, fax me, or send me a smoke signal.   

Did your actions or inactions violate the Nurse Practice Act and/or Board of Nursing Regulations? Oh, damn, I didn't look at it like that.

There are pros and cons to representing yourself.

The best thing about repping yourself is you save money and who doesn't want to save money.

The worst thing about repping yourself is you fail to be objective, you are biased, you don't see any issues with anything, you see this as a matter of right or wrong, good nurse vs. evil State Nursing Board, east coast vs. west coast rappers, Pepsi vs. Coke (let's not even go there, pumpkin with the Cola Wars today), you rationalize your actions or inactions, you minimize your actions or inactions (what about those nurses who steal drugs?) and /or frankly you can't "see me" i.e. yourself when you represent yourself. Are you Tupac?  

That's why attorneys are told to never represent themselves. An attorney who represents themselves has a fool for a lawyer and a client. We were told this in law school.

I don't have money to hire an attorney?

This is income tax refund season and you can ride through certain neighborhoods (like where I grew up) and see all the new "30 day" temporary tags on vehicles. Why? Tax refund checks. I smile when I hear I am getting "4k", "8k", or "3k" back.

But honestly I love watching the Income Tax Refund Mania from January to April of every year. Your average person goes "willy nilly" with a refund check and buys flat screens, designer clothes, etc.

Are you pimping your ride, your home, or your kids out with your tax refund this year? I have a better idea.

Why not use your income tax refund to hire a nurse license defense attorney? As a bonus, this also helps to stimulate the economy because I am going to Walmart, Big Lots, Bob Evans, and Kenwood Mall for clothes and shoes. I may also gamble a little and help the ecomony in Indiana as well. I may also get a manicure; I can't do tips or any artificial nails because I type alot and hard.

Do you know I type so hard the letters are missing from my most used keys on my external keyboard? I know. I can't wait until Spring so I can start walking outdoors again, kicking trees, breaking sticks and branches, and throwing rocks at passing cars until I am tired again.

No seriously, if I am talking to a client and typing at the same time, I will hear, "oh my God, that's not you typing is it?" I will say no, that's just me eating a ear of corn.

Okay back to my point, you can't afford NOT to hire an attorney at this point. Your attorney can't change the past but the attorney can counsel and advise you going forward on your options so that you are making informed decisions.

If you are going to rep yourself, put your options (oh, you may not know your options because you are repping yourself) in a magic hat and pick one. Or flip a coin, "heads" I met with the State Nursing Board investigator without an attorney "because its just an investigation" or "tails" I bring my best friend who is studying to be a legal assistant with me to the meeting.

This way with the magic hat or flipping a coin, you can blame "everything that happens thereafter" on "chance" and not your decision to retain legal counsel at the beginning or initial stages of the State Nursing Board matter.

In all seriousness, the slightest discipline against the license can have long lasting implications and consequences on a nursing license. Hire an attorney to work with you throughout the process and to be on your team throughout your nursing career. Consider having Nursing Practice Counsel.

We are getting to the point with the legal, regulatory, clinical practice, employment, and other issues in nursing where I think RNs especially APRNS should have their own personal legal counsel for practice issues like physicians. But that's another post.

Comments

[carol]

You answered several questions I had...I am very reluctant to go before the board without an attorney now...just have to find the money somehow

I was asked by an attorney why am I considering going back after this amount of time had lapsed...my response was "Why not?". The attorney quickly shared with me the price per hour...