Unlike general legal practice, professional licensing cases require a deep understanding of the specific boards, agencies, and their unique procedures. Every licensing board has its own rules, culture, and “players,” including the attorneys representing the boards. These opposing counsel might be outside counsel hired by the board, inside counsel, or even attorneys from the state Attorney General’s office.
Why does this matter? Because familiarity breeds advantage. When you work with an attorney who regularly appears before these boards and interacts with these opposing counsel, you gain insight into how these attorneys operate. You learn their tendencies, strengths, weaknesses, and the typical outcomes of hearings or negotiations. This knowledge helps you strategize effectively—knowing when to push for a hearing and when a compromise might be more beneficial.
Having a dedicated professional licensing attorney means you’re not just getting legal representation; you’re getting someone who understands the landscape, the key players, and the subtle dynamics that can influence your case. This experience is invaluable and can ultimately protect your license and career.
2. Understanding the Diverse Processes and Procedures Across Boards
For instance, the North Carolina Board of Nursing cannot provide certain documents to licensees before a hearing except those they intend to use as exhibits. Licensees must agree to an interview with a board investigator to access related files. Conversely, the North Carolina Medical Board requires physicians to produce medical records themselves if requested, especially in cases involving settlements above a statutory threshold. This subtle but critical distinction affects how a case is prepared and defended.
Because these procedures are often not clearly detailed in statutes or administrative codes, navigating them without experienced legal counsel can leave you at a disadvantage. Many aspects of the process are unwritten or implicitly understood only by those who have practiced before these boards multiple times.
Hiring an attorney familiar with these nuances ensures you won’t be caught off guard by procedural requirements or surprises that could harm your case. They can guide you on what to expect, how to respond, and how to protect your rights throughout the process.
3. Navigating Investigations and Interactions with Board Investigators
It’s important to understand that investigators from licensing boards or state agencies are not your allies—they have a job to do, and their role is to thoroughly investigate complaints against licensees or applicants. These investigators may be former law enforcement officers or professionals trained specifically to conduct in-depth interviews and gather evidence.
While many investigators may start interviews politely, their questioning can become intense and challenging as they dig deeper. They are skilled at asking the same questions in different ways to test consistency and uncover discrepancies. This approach can catch licensees off guard, especially if they are unprepared. If you are asked to participate in an interview with an investigator, it’s essential to know your rights and the obligations imposed by the specific board or agency. Some boards require full cooperation by statute or administrative code, which may mean you must submit to an interview. Others may not require it, and in some cases, declining to speak may be a strategic decision.
Being unprepared or unaware of these nuances can lead to serious consequences. For example, failing to cooperate when it is mandatory can lead to additional complaints or violations. Conversely, speaking without proper preparation can inadvertently harm your defense.
A professional licensing attorney can help you determine whether you are required to cooperate, prepare you for interviews by reviewing potential questions and guiding your responses, and even negotiate with investigators on your behalf. This preparation can make the difference between a successful defense and a compromised professional future.
4. Addressing Application Issues and Background Concerns
Professional licensing also covers the acquisition of licenses, not just defending them once issued. Applicants with certain backgrounds, especially those with criminal histories, may face challenges during the application process.
For example, consider an engineer who has completed all educational and exam requirements but has a misdemeanor conviction for theft from years ago. Licensing boards review criminal history under statutes such as North Carolina’s § 93B, which governs how criminal records impact professional licensing.
Whether a criminal conviction prevents licensure depends on several factors, including:
For example, a theft conviction could impact licensing if the board determines the offense relates to honesty and trustworthiness required in the profession. However, boards also consider mitigating factors, and not all convictions result in denial.
Having an attorney experienced in professional licensing can help applicants understand how their background might affect their application, assist in preparing explanations or petitions for waiver, and advocate on their behalf to maximize the chances of licensure.
Final Thoughts: Why Choose a Professional Licensing Attorney?
Your professional license is your career’s foundation—protect it with experienced legal counsel who understands the stakes and the law.
