Got a Board Complaint? Don’t Wait Until It’s Too Late

A board complaint lands in your inbox. A notice of investigation arrives from your licensing agency. A hearing deadline is already running, and suddenly your professional license, your income, and your reputation may all be on the line.

In this episode of Know Your Regulator, host Cimone Murphree sits down with Troy Beaulieu, Director of Legal Services at Bertolino LLP, and Valerie Rivera, Certificated Paralegal, to talk about why the lawyer you call, and when you call them, could make a major difference in a professional licensing case. Whether you are a nurse, physician, engineer, educator, pharmacist, real estate professional, counselor, or other licensed professional, your license is your livelihood, and a board investigation is not the time to wait and see what happens.

We talk through what can happen when a license holder tries to handle a board complaint alone, relies on internet research and generic templates, or hires a lawyer who does not regularly practice before licensing boards and state agencies. Troy explains why administrative law and professional licensing cases are often controlled by strict deadlines, agency procedures, evidence rules, and issue preservation, and why your options can shrink the longer you wait. Valerie shares what she sees behind the scenes when clients come in late, leading to missing records, short deadlines, incomplete exhibits, heightened stress, and a damaging narrative that may already be taking shape.

Then we look at a lighter path, where a licensed professional calls the right professional license defense attorney early, the legal team has more time to gather documents, build a timeline, prepare witnesses, develop mitigation, respond strategically, and present a full picture to the licensing board. Early representation does not guarantee a perfect outcome, but it can give a license holder more control, more options, and a better chance at protecting their professional license and livelihood.

If you have received a board complaint, notice of investigation, proposed order, hearing notice, or disciplinary action from your licensing agency, this conversation can help you understand why timing matters and why not every lawyer is the right lawyer for a professional license defense matter. Subscribe to Know Your Regulator, share this episode with a licensed professional who may need it, and stay ahead before a complaint becomes a crisis.

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Transcript

Education Disclaimer And Purpose

SPEAKER_00 0:00

The purpose of this podcast is to educate and inform. It does not provide legal advice. It does not create an attorney-client relationship. While the host is not a lawyer, the content is overseen by license counsel. If you need help with a legal matter, you should always consult with a qualified attorney.

Your License Is Your Livelihood

SPEAKER_02 0:16

Whether you are a nurse, an engineer, a physician, or a real estate professional, your license is your livelihood. But when a complaint or a notice of investigation lands in your inbox, the decision of when to call a lawyer and which lawyer you call could be the difference between a simple and quiet remedial order and a public career altering sanction. This is Know Your Regulator. I'm your host, Simone Murfrey. And today we're talking about why the right lawyer at the right time is not just a marketing slogan, it's a real dividing line in how these cases play out. I'm joined by Bertolina Law Firm's Director of Legal Services, Troy Bollier, and certificated paralegal Valerie Rivera, who see these patterns, paper trails, and timing issues across many board and regulatory matters up close. Well, thank you both so much for joining me today. Thank you for having us. Absolutely. Yeah, I'm excited to talk to you guys.

Deadlines Procedures And Lost Rights

SPEAKER_02 1:07

So, Troy, I'll start with you. You have seen hundreds of matters come through the firm. From your perspective, why do timing and choosing the right lawyer matter so much in these administrative licensing cases?

SPEAKER_01 1:21

That's a great question, Simone. I think it involves a number of different things. One is that, you know, the law has a lot of requirements. They have a lot of rules and processes, and those are set on timers, right? And so when your case starts, you may not know it, but your ability to raise arguments, defenses, follow required processes all starts to tick. And it depends on your case and which agency you're in front of, but those are real live constraints to your case that have an impact on what you can talk about with a judge, raise with the agency what defenses and arguments you can bring up. And when you don't do those in a timely and in the manner that's required by the law, you lose the right to bring those things up. So it's a huge issue that as time goes along, your rights, your options, your strategies actually start to shrink.

SPEAKER_02 2:22

Yeah, no, I can see that. And Valerie, you are in the middle of the paper flow on these cases from the paralegal side of things. What do you see when someone comes in early on versus coming in later?

SPEAKER_03 2:36

So early clients give time to gather records, identify deadlines, uh, contact witnesses, and also develop mitigation strategies. Later and reactive clients may end up with missing documents, short deadlines, a damaging record. And although some clients retain general lawyers in criminal defense or other civil litigation law firms, they often do not real the clients often do not realize how much licensing consequences matter and diff and are different than an actual a lawyer practicing general law as opposed to administrative law.

SPEAKER_02 3:17

Yeah, no, it's a really nuanced process for sure. I've learned that in just the three years that I've been here. So I want to take a look at a couple real-world scenarios.

Worst Case: Help After Damage

SPEAKER_02 3:29

We've got the proactive early caller, we've got the one who kind of waited or hired the wrong lawyer first, and then we've got the client who calls only after the severe damage has been done. And Valerie kind of nailed it. That's more reactive than proactive. So let's start with the worst case scenario. The a client who hires counsel after the damage is essentially like already done. Troy, what have you seen in this type of situation as an attorney?

SPEAKER_01 4:02

Well, you know, the thing is, is you don't know what you don't know, that old saying, right? And so so often there are legal issues, evidence issues, strategy issues. You know, you might be very knowledgeable in your profession, in your industry, but you just don't have legal knowledge and training, right? You didn't go to law school, and that's perfectly fine. But when you are doing something on your own and you don't have that right kind of legal counsel, you're missing that huge aspect of the case. Maybe there's uh just a flat-out legal issue, a jurisdictional issue that just flat out prevents this case from being able to go forward. But if you're not aware of that and you don't have a lawyer who understands those concepts and can advocate for you about that, then that is something you're gonna be completely unaware of, and you might lose the opportunity to bring that up because again, timing and procedure and process is important. So that's definitely one thing. Um, the other thing I think is evidence. There are a lot of evidence issues that need to be addressed early on, like Valerie mentioned, getting witnesses lined up, getting documents in the right format so that they can be admitted under the rules of evidence. Again, not having that training in how do I make a hearsay objection? How do I authenticate a document? All these are things that lawyers get trained in, they take classes on, and they learn how to do. And when you try and do that on your own, you risk not being able to get in the evidence you want, or the other side being able to introduce evidence that shouldn't be admitted into the record and is harming your case.

SPEAKER_02 5:51

Yeah, so sounds like some really big consequences can arise out of that. Valerie, what do you see in these worst case scenarios on your side?

SPEAKER_03 6:02

With our clients who um come later on in the process, I see their stress heightened due to the fact that we have missing critical exhibits, um, very little evidence statements and documentation that provide little to no context as to what actually occurred or what is going on with their matter. And the client is especially frustrated at seeing what happened or what options, what little options they have, um and they or they could have had previously as opposed to, you know, where we're at in their current matter. The tight and unforgiving deadlines and emotional strain that I see our clients deal with um it it's an added factor to um, you know, them already being out of work. So if we were retained early on in the matter, you know, it would get allow us the opportunity to, you know, help them and further mitigate and you know, document and everything, everything for the record early on in the process.

SPEAKER_02 7:00

Yeah. And you mentioned not being able to work because that is sometimes a consequence of an investigation or, you know, a temporary suspension, things like that. And so that can just kind of make it, like you said, a lot more your uh emotions are heightened, the stress is heightened, and you may not be able to comfortably afford an attorney. But as we, as you'll see as we're talking about it, it's it's definitely crucial to um preserving your license, preserving your ability to stay employed in in your current role in your industry. Um, so let's look at a little bit less of a reactive situation, sort of the middle of the road here for clients who do call a lawyer.

Wrong Lawyer And Rebuilding The Record

SPEAKER_02 7:46

Um, maybe they wait too long, or maybe they hire the wrong lawyer, like Valerie mentioned, uh criminal defense or family law. They may not even know this type of law. So, what does that kind of look like in real life, Troy? What have you seen?

SPEAKER_01 8:04

Yeah, this is a really critical component. You know, I try and remind my clients look, you might have a really great dermatologist, and they do really great stuff for your skin, but they're not a brain surgeon. And if you need brain surgery, you gotta go to the person who's the brain surgery specialist. And that's the same thing that's true for law, right? There are different areas of the law, and lawyers aren't trained and aren't experienced and not knowledgeable in all of them. And so I have seen many clients go and find the wrong lawyer. You know, they had a great experience with their divorce attorney, and that attorney is very good at divorce law, but they don't know anything about this other area of law, administrative law, and how to advocate in front of state agencies. And so what you see is lawyers who are ill-equipped and probably shouldn't take the case. They do anyway, and what ends up happening is they leave things out, they forget key legal requirements that are unique to administrative law. They're not familiar with the agency personnel or the board members or the panel members because they don't deal with and interact with them regularly. So they don't understand those dynamics. That makes it difficult to prepare their client, you as a witness, or the other witnesses in the case, and it can have really significant repercussions. I've seen a lot of clients at the end of the day, because they waited or they picked the wrong lawyer, the remedy that they end up with at the end is well, maybe they have a malpractice claim against their former lawyer who probably shouldn't have taken the case. But in terms of their license, the damage has already been done, and it's very hard to come back from that.

SPEAKER_02 9:56

Yeah, I can definitely see that. Valerie, what have you seen on your side?

SPEAKER_03 10:01

So on my side with clients, I see that we often have to reconstruct reconstruct missing evidence or determine mitigating factors after the board has already developed a strong narrative of our client and the action or complaint that took place. It's very hard at this stage because we have to work against those limits and revisit earlier case um stages to determine, you know, the plan going forward. And clients often um become emotional due to the fact that they believe the lawyer they retained early on in the matter was enough and ultimately realize that the practice area you know, they choose for the lawyer they retain really, really matters. And um, we often again spend an extensive amount of time trying to gather evidence. For example, you know, prior hearing recordings, um, you know, we have to submit open record requests requests, and ultimately it just leads to a lot more, you know, documentation gathering that pretty much causes further do further delay in the process. So we're and up we are essentially being reactive instead of proactive at this point in stage.

SPEAKER_01 11:20

You know, Simone, that's a great point, if I can amplify on what on what Valerie is saying is that it ends up costing you more money, right? So if you go and try and do your own dental work and repair your own root canal, you're probably not gonna do it correctly, right? Because you're not a dentist. And so now, if either you tried to do it or somebody who's really not qualified to do that kind of dental work does it, now you've got two problems. And you've got the original problem that still needs to be fixed, and you've got the problem that was created from the poor work done. So a lot of times what I also see with clients is not only having to fix the original problem, but having to fix a new problem created by it. That costs more money, more time, there's more work involved. So that's another thing to really keep.

SPEAKER_02 12:12

And it's like Valerie said, sometimes these clients come in and these license holders have that 2020 hindsight in these matters. But that's kind of why we're talking about it. That's why it's so crucial to be proactive and to educate yourself on the best options. What kind of law has your attorney practiced previously? What kind of law are they practicing now? Do they practice other areas? And another big thing is when it's time to call the attorney. So let's look at that best case scenario that I mentioned where a client has called early and they pick someone who really understands the regulator and the industry that they're dealing

Best Case: Early Specialized Counsel

SPEAKER_02 12:53

with. Troy, can you walk us through a case that's typical like that?

SPEAKER_01 12:58

Yes, absolutely. So that's the best position. That's the one you want to be in.

SPEAKER_02 13:03

Right.

SPEAKER_01 13:03

And, you know, thinking about this issue, I was reminded recently of three cases very similar to this. And you saw that progression between my client who got us involved very early, and we were able to frame up how to present things, the conversation to have with the regulator. We got the evidence up front, we had plenty of time to strategize, and ultimately we were able to protect the client's license, and the outcome was exactly what the client was looking for. But as you say, when you progress further in the process and you delay or you go a different route, those options shrink and the damages become more significant, and the prospect of fixing the original problem gets harder and harder. So definitely, you know, when you're getting there early and starting at the beginning, you have a clean slate to work off of. You don't have evidence mistakes, you don't have maybe misstatements or things that were put into the record because you talked with the investigator before you had an attorney, or because you made a written statement that in hindsight you probably shouldn't have made. You know, it's just gonna give you the best foot forward to frame the entire interaction because it really is an interaction, right? It's a relationship. You as a license holder have a relationship with that licensing board and how they perceive you you as a professional and how they view this entire complaint and your response to it has a significant impact on the outcome. And you want to take every advantage you can to put yourself in the best posture to get the best possible results.

SPEAKER_02 14:50

Yeah, that is very, very well said, Troy. Valerie, what are you seeing when you see proactive clients like this?

SPEAKER_03 14:57

So when we see when we see proactive clients, I definitely see how early representation equals control. We're able to control, you know, the document preparation stage. And that's where I come in as far as building a timeline, you know, calendaring and listing deadlines to ensure our clients don't miss, you know, a you know, very important deadline response. Or I even start doing research and gathering statements. For example, you know, character witness statements, um, statements from the client that, you know, their attorney and their handling attorney has asked for, which would essentially be a quant chronological narrative as to what actually occurred as opposed to what is on the complaint that we received on behalf of the client. And so a proactive organized submission is much more presentable and persuasive to the agency, you know, and with a client retaining, you know, the right legal representation, you know, the handling attorney can help them create a robust response that, you know, reflects what actually occurred and, you know, present our client in the manner in which they have held themselves with their professional license.

SPEAKER_02 16:07

Yeah. So what I'm really hearing is that the pattern is just to find someone who is specialized and call them early and make sure that you're honest with them so that they can work out a complete, like you said, robust, well-documented story. And it's not a guarantee of a perfect outcome. Troy, you mentioned earlier that was the outcome that the client wanted. No lawyer should ever guarantee that they are gonna give you a 100 perfect, you know, outcome. But I can definitely see how this could be much better, a much better chance at a quiet, more manageable situation. You enter into, you know, representation with, say, your buddy's, you know, uncle or something, or you know, someone, a family friend that you've known for so long, and you trust that they're going to, you know, basically do you right, do right by you because you're close to them. But like Troy said, sometimes that ends up in a almost a malpractice suit because they didn't really know what they were doing. And and that can lead to just a lot of consequences more than more than you would think. So when you look across um, you know, all of these categories, those who are proactive, those who are delayed in action, and then those who wait until the very last minute, what are the um patterns or the trends that stand out to you most? Troy, we'll hear from you first.

SPEAKER_01 17:43

Yeah, that's

Three Rules And The Stress Buffer

SPEAKER_01 17:44

a great question. Um, because I think these are the things that people who are looking for legal representation want to keep at the front of their mind. And it really, in my mind, boils down to three things. The first thing is very simple. Don't wait. Time is your enemy, it's not your friend. Things are not gonna get easier, they're gonna get harder. Options are gonna shrink, and your ability to protect your rights and your license are gonna shrink. So don't wait, is number one. Number two is pick the right lawyer. That's critical. It's essential, right? If you pick the right lawyer, you're gonna be in so much of a better position. I can't tell you how many times I've seen clients who have significant problems because they picked the wrong lawyer. And then the third thing I think kind of goes with picking the right lawyer is don't get confused about relationships, right? So just because someone's a friend, don't be confused that that is going to be the right lawyer for you. Just because someone's a family member doesn't mean they're the right lawyer for you. Someone who you've worked with before who was really good at business contracts or handling your best friend's divorce, whatever it may be, they may have been good for those situations, but that does not mean that they're the right fit for your license defense matter that requires particular, unique skill, knowledge, and education. So if you keep those things in mind, don't wait, pick the right lawyer, and don't confuse prior relationships with what you need today. I think you'll be in the best position to effectively protect your license when you get a complaint from your regulator.

SPEAKER_02 19:31

Yeah, again, very well said. I think you really spelled it out for the audience. Valerie, is there anything that stands out to you?

SPEAKER_03 19:39

So, what stands out to me is that professionals often fail to act in the early stages of receiving a complaint, an investigation or a hearing notice. And what's what I would like to stress is it's very important for the professional not to ignore communications from your board and to take matters into your own hands, or don't take matters into your own hands or assume that things can be fixed at every stage in your case. It's very important for you to contact an attorney who specializes in that in this specific, specific law, and you know, as soon as possible. I remember just discussing with Troy um last week and stating it kind of reminds me of like when you're, let's say, for example, you accidentally set yourself on fire and you know, you've got to stop, drop, and roll. I feel like there should be an equivalent to like stop process and seek, you know, legal representation, just so you know that you have, you know, covered um, you know, all aspects and you can have somebody guide you and assist you uh along the way. You know, the attorney that specializes in that specific kind of law, of course, is very knowledgeable. They is out there to help you. And the paralegal that is assigned to that specific attorney is also very knowledgeable in helping gather and prepare the document necessary for your, you know, reverse robust response that your attorney will draft and submit on your behalf.

SPEAKER_02 21:03

Yeah, I think too the just overall emotional aspect of it is sort of overlooked because the the attorney can be that almost that that buffer, that um, you know, translator, if you will, for you. And, you know, just give you uh, you know, they're bur they're shouldering the burden with you and they're going through this process with you. And I think that that is sometimes just underrated when we're talking about these things. It doesn't have to be this all-encompassing, just worst period of your life, total stress, crash out, you know. I'm so glad you mentioned that. Yeah, you can hire an attorney to help you with that, and they can give you that peace of mind. But like you said, don't wait to see if it's gonna blow over and don't just assume that anyone can handle it because, like we've mentioned, there can be some severe consequences to that. So yeah, absolutely.

SPEAKER_03 22:03

When clients often um contact us and I usually handle their onboarding calls as well, the first thing uh almost all of them mention is how much stress and anxiety they're under. And then you also have the clients who who do receive a notice and are aware they have a deadline, and it's just one of those things. And honestly, some of us are guilty of it where they just are like not ready to deal with it. Again, like you said, it's just so important to to you know handle it very early on and just seek help and allow your legal team to take that stress, take that anxiety, and you know, basically again, let us help you. Yeah, right.

SPEAKER_02 22:44

Let them run with it, you know, and they can handle it, they're equipped to handle it. And so I think that's just like I said, an important aspect of choosing your attorney, of choosing them at the right time and overall your peace of mind in this process. Well, thank you guys so much for joining

Wrap Up And Subscribe Reminder

SPEAKER_02 23:03

me. As we wrap up, I just want to give you both a huge thank you to you know, revealing kind of what this looks like behind the scenes and how crucial timing and your choice of attorney is. It really shows up when we sit down and we break down these potential outcomes, these processes. The earlier that you involve regulatory council, the more options you have, the more complete your record is, like you've mentioned, Val, and the better your chances are overall at protecting your license and your livelihood.

SPEAKER_01 23:33

Thank you, Simone. Yes, I couldn't agree more.

SPEAKER_03 23:36

Thank you, Simone. This was great, and I'm really glad that this is getting out to the community just so they know and they're aware.

SPEAKER_02 23:42

Me too. Thank you, guys. Well, as we wrap up, I want to give a huge thank you to Valerie and Troy for giving us a behind-the-scenes look at how crucial timing and your choice of attorney are. It really shows up when you break down these potential outcomes. The earlier that you involve the right regulatory counsel, the more options that you have, the more complete your record is, and the better your chances of protecting your license and livelihood. Stay ahead and in the know with Know Your Regulator, be sure to subscribe for reminders and never miss an episode that can protect you and your license. Until next week, stay inspired and continue engaging with your regulatory agency.

SPEAKER_00 24:20

Know Your Regulator, the podcast that inspires you to engage.