San francisco
Professional License
Defense Attorneys

To health practitioners, especially nurses and doctors, substance abuse accusations are the most widespread reason behind disciplinary measures. This usually begins with an arrest for DUI or an office complaint about the odor of alcohol or unruly conduct. What the board is thinking in the first place is that you are an addict and dangerous to the populace. Our defense policy will be to question this assumption.

To demonstrate that you do not have a dependency problem, we can refer you to independent medical assessments. In case of a hitch, we refer you to proactive rehabilitation and voluntary recovery programs, which may prove to the board that you are fit to practice, and probation is often used in place of license revocation.

Claims of gross negligence and incompetence attack the core of your professional being. Such cases are usually the result of a complaint leveled at the quality of your work by a patient or client. To a doctor, it may be a complication during surgery; to an engineer, it may be a calculation error in the design of the structure.

In such instances, the board will employ an expert witness who will go through your records and give an opinion that you had breached the standard of care. We will defend you by utilizing expert witnesses who can put your actions into perspective and demonstrate that a poor result does not necessarily mean you acted outside the acceptable scope of professional judgment, and that a bad result does not always indicate negligence.

Fraud claims are especially harmful, as they are an assault on your character and integrity. The charges usually focus on:

1. Insurance billing:
   ● Pharmacists
   Dentists
   Chiropractors
2. Contract issues:
   ● Real estate and construction professionals
3. Fund management

The board considers fiscal dishonesty a character flaw that is difficult to rehabilitate.

We tend to protect ourselves in such affairs through paperwork, by showing that all transactions are clerical or administrative and not intended to be deceptive. We strive to rebrand the problem as a civil conflict or ignorance, but not an ethical violation, which should be punishable.

There is no accusation as destructive and stigmatizing as sexual misconduct. A single allegation can tarnish a reputation, regardless of whether it involves a doctor-patient boundary violation or a case of workplace harassment. The licensing boards have a zero-tolerance policy on such issues, and in most cases, they want the license to be revoked immediately. The case will require considerable discretion in defense and a careful analysis of the accuser’s credibility.

We examine the situational context of the relationship and the possible reasons why the fabrication could have taken place, and base our findings on character evidence to disprove the allegations. Where the limits have been exceeded, we place great emphasis on psychological assessments and corrective training in making the case for retaining the license on strict probation conditions.

Once the case against you is significant or dismissal is statistically unfeasible, the tactics should change from pure denial to aggressive mitigation and rehabilitation. The ultimate issue addressed by administrative law judges and licensing boards is whether the public is safe when this individual is allowed to continue practicing.

We assist you in creating a comprehensive mitigation package that presents you well to the board. This involves collecting effective letters of recommendation from your colleagues who are familiar with your work and can vouch for your character and abilities. We help you choose continuing education courses that help resolve the alleged deficiencies in the accusation.

In case it is substance abuse or mental illness, we will help you get into a good treatment program and get an assessment from the specialists who will testify to your safety and recovery.

Such a proactive strategy will enable us to enter into a “Stipulated Settlement” with the licensing board. Rather than jeopardizing your hearing, at which point you risk revocation, we work out a probation agreement that will enable you to retain your license and continue working. We are keenly bargaining on the conditions of this probation so that they are not overwhelming and ruin your means of livelihood.

We fight hard to eliminate cost recovery clauses, reduce the suspension period, and ensure the language of the settlement is as favorable as possible. When we transform you from a violator to a professional who has taken responsibility and rectified the problem, we save careers that would otherwise have been considered lost.