Client Represention Begins with Hearing Preparation

Throughout the course of every licensing case many issues arise. The primary focus of addressing important legal issues in court is through having appropriate and credible evidence before trial. Presenting the best evidence in a hearing, upon which an appellate court may review the discretionary conduct of the licensing board, is paramount to effective representation of every client.

Due Process requires every hearing officer to give great latitude to each licensee/respondents’ counsel in the choice, character, and quantity of evidence presented. I begin accumulating trial evidence immediately upon being hired. Thereafter, I routinely contact clients several months before a hearing for additional references, job evaluations, and confirm witness availability and travel plans to court.

Much of my trial organization takes place before and after client meetings through constant email contact. Sufficient lead time is provided to every client whose hearing is going to take place. Every document request to a client is based upon individual case facts, evidence issues, and trial strategy. Each piece of evidence becomes a small piece of the larger picture that I want to present in court.

Once witnesses are confirmed, case theory, client meetings and hearing preparation begins with earnest. Job evaluation, work related emails, and criminal discovery documents flesh out case theory and provide background evidence for the hearing officer’s decision. Meeting with clients and family provides insight into the character of every licensee. Grown children, spouses, co-employees, and supervisors provide unique character references.

Disciplinary actions are typically based upon criminal convictions, employment conduct, professional competence claims, or impairment issues. Each requires different preparation. Through the years I have developed extensive emails seeking appropriate documents for every type of trial. Attention to detail by both counsel and the client is paramount to effective representation.

All trial preparation leads to a cohesive presentation in court. The trial picture presented allows hearing officers to render a balanced decision based upon admissible facts. A thorough record and fact-based credibility decision eliminates much discretion from the licensing board reviewing the trial court decision. Please call me to discuss your disciplinary action.

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