Professional License Defense Attorney Overview

Legal Help to Defend Against Professional License Suspension or Revocation

People who work in professional careers often put a great deal of time and effort into obtaining the necessary education and training. They may also need to take steps to obtain professional licenses that will allow them to work in their chosen field. Unfortunately, these licenses may be threatened for a variety of reasons, and disciplinary action by state boards and licensing agencies may affect a person's ability to maintain their license and continue working.

When facing the potential loss of a professional license or other forms of discipline, a person will want to determine the best steps to take to defend against complaints, address concerns about their competency or potential threats to public safety, and minimize the effects on their career. An attorney who understands the applicable state laws affecting different types of professional licenses and who has experience working with licensing boards can provide the legal help needed in these situations. A skilled lawyer can help a professional understand their rights, explain the available options, and provide representation in disciplinary hearings.

Types of Professionals Who May Need to Respond to Complaints

There are a wide variety of occupations that may require professional licenses under state laws. Professionals who may face disciplinary action include:

• Medical Professionals: Doctors, dentists, optometrists, nurses, medical technicians, or pharmacists may face discipline based on patient complaints, accusations of unprofessional conduct, or other issues that indicate that they could put the safety and well-being of patients at risk.
• Psychologists and Counselors: Clinical psychologists, therapists, or social workers may be disciplined if they are accused of acting unethically or engaging in behavior that could affect the people they serve.
• Real Estate Professionals: Real estate agents, brokers, appraisers, or home inspectors may face discipline based on alleged ethical violations or other unprofessional behavior.
• Accountants: Certified public accountants (CPAs) or other financial professionals who handle people's financial information can face disciplinary action if they are accused of illegal or unethical acts.
• Cosmetologists: Barbers, hairstylists, and other cosmetology professionals could be disciplined for violations that put people's safety or health at risk.
• Funeral Directors: Morticians and embalmers may face disciplinary action if they are accused of violating health laws, handling human remains improperly, or engaging in other violations.
• Lawyers: Attorneys may face discipline for committing ethical violations or failing to meet their requirements for continuing legal education.

Reasons for Professional License Discipline

In some cases, disciplinary action may be based on the failure to meet certain requirements, such as continuing education in a person's field. However, discipline will often be based on complaints from customers, claims of unethical behavior, or other allegations of unprofessional acts. Some of the issues that may be addressed in disciplinary investigations and hearings include:

• Criminal Arrests or Convictions: Depending on the profession, convictions for certain types of crimes may result in disciplinary action. In some cases, a mere arrest may be a reason for potential discipline. For example, a DUI arrest will often lead to discipline for medical professionals. Convictions for violent crimes or other offenses that indicate that a person is a threat to public safety may also result in disciplinary action for many professionals.
• Sexual Misconduct: Doctors, psychologists, or other types of professionals may face discipline if they are accused of engaging in inappropriate relationships with patients or clients.
• Discrimination: Professionals who engage in discriminatory behavior based on factors like race, religion, gender, sexual orientation, or disability may be subject to discipline. For example, real estate professionals who attempt to prevent people of a certain race from buying a home in a neighborhood may be disciplined for discrimination.
• Conflicts of Interest: Financial professionals, people in real estate fields, or others may face disciplinary action if they are accused of engaging in actions that benefit themselves instead of their clients or failing to disclose their relationships with the parties involved in transactions.
• False Advertising: Professionals who make misleading claims about the services they provide or the prices they charge customers could face disciplinary action.
• Incompetence: Disciplinary action may be based on complaints from customers or other parties stating that a person is incapable of performing professional services correctly due to issues such as age, substance abuse, lack of training, or poor judgment.
• Other Unethical or Unprofessional Behavior: Professionals may face discipline based on claims that they have acted abusively toward clients or colleagues, violated confidentiality agreements, mismanaged finances, engaged in fraudulent activities, or committed other violations of professional standards.

Potential Disciplinary Actions

Following complaints, state licensing agencies may perform investigations, and they may hold disciplinary hearings to determine what actions should be taken. Some of the common forms of discipline that may be used include:

• Reprimand: An official note may be added to a person's record warning them against engaging in violations, but an agency may allow them to keep their license.
• Probation: A professional may be allowed to keep their license if they take certain actions, such as receiving training or undergoing treatment for substance abuse. They may be monitored during a probationary period to ensure that they do not commit any further violations.
• Suspension: A person may be temporarily prohibited from working in their profession for a certain period of time. They may be required to apply to have their license reinstated after the end of the suspension period.
• Revocation: For serious or repeated violations, a person's professional license may be revoked without the possibility of reinstatement in the future.
• Denial of License Renewal: A licensing agency or board may not take immediate action against a professional's license, but it may decline to renew the person's license in the future.

Legal Help With Professional License Defense

The loss of a professional license will severely impact a person's ability to continue working in their chosen career. The issues addressed during disciplinary investigations and hearings can be complex, and the assistance of a professional license defense attorney can be crucial. A lawyer who understands the applicable state laws and who has experience working with state boards and licensing agencies can provide guidance on the best steps to take to defend against disciplinary action and minimize the ways a person's career will be affected.