The Best Attorney for the Job

A previous post explained why nurses should never represent themselves before the Board of Nurses and that they should hire the best attorney available. Now, what is meant by "the best attorney?" Whenever hiring an attorney for any legal work (Board, malpractice defense, real estate, family law etc.), a person should look for an attorney that is knowledgeable and experienced in the particular area of law involved.

Board Certification in the particular area is a good indicator of experience and knowledge. However, when it comes to representation before regulatory boards, it is important to inquire as to whether the lawyer has experience before that particular board and how much experience (how many years have they been practicing before the Board, how many of their clients are nurses). Success with administrative boards often depends on knowing the staff, the policies, and their usual methods.

Be sure to talk to the attorney you are thinking of hiring. Do they return your calls or emails? Do you only get to speak to their secretary or assistant? Do they seem to know the law involved or do they always tell you that they will have to "research" a particular issue? Do they seem to know the people that work at a Board and the ways in which the Board functions? You may want to speak to 2-3 different attorneys because everybody has a different personality and approach to practice. The key is that you want to be able to trust your attorney and have confidence in their representation of you. Because you will be working together for a while, you should also like your attorney and feel comfortable with them.

Hint: Cost is no indication of quality. Attorneys charge different fees based on their experience, education, certifications, overhead and caseload. A good lawyer could be expensive, moderate or inexpensive. The key is to find someone that meets your needs, that is experienced, and knowledgeable. But above all -- DO NOT REPRESENT YOURSELF!

There are some areas of caution to be aware of:
I received several phone calls last year from an attorney Board Certified in Administrative Law (the type of law involving regulatory boards) asking questions about the Board of Nurses and how they functioned. Although this attorney was Board Certified in the particular area of law, he stated that he dealt with real estate and did not have any experience before the Board of Nurses. He was calling for a friend that needed representation before the Board and he was going to refer him to me once he convinced the friend to hire an attorney. The friend never contacted me and now this same attorney is advertising that he is a specialist in occupational licensing defense.

With tort reform changes, there have been many attorneys leaving or branching out from malpractice defense work. Several of these attorneys are looking to administrative law as a new practice area. These may not the best attorneys to choose because of their perceived lack of knowledge and experience before the Board. The only way to determine, is to talk to whomever you are thinking of hiring and decide if this is the attorney you want to hire.