Legal Help for a Licensing Board Complaint
Q:
"Do I need a lawyer to respond to a licensing board complaint? Some colleagues say my response won’t be taken seriously if it isn't signed by a lawyer. "
A:
My honest answer is, "It depends." Most complaints we see are handled by our insureds without legal counsel, and many are dismissed, so your colleagues are not entirely correct.
There are situations where involving a lawyer is advisable. For instance, if there’s already a pending lawsuit, it's crucial to inform your defense counsel and your E&O (professional liability) carrier about the licensing board complaint.
If the complaint seeks financial compensation, having a lawyer involved from the start can be beneficial. The complainant may not realize that the licensing board cannot award damages, and a request for money could signal that a lawsuit is being considered. In such cases, having legal counsel can provide valuable support.
I often advise insureds to submit their responses independently but notify me if an investigator reaches out to arrange an interview. Writing a response is something most insureds can manage, and I’m happy to review the draft before it’s sent. However, facing questioning can be intimidating, and that might be the right time to involve an attorney. They can help you prepare and intervene during questioning if necessary.
My advice is to promptly report any licensing board complaints to your carrier. Your E&O policy covers attorney fees for your defense, and failing to report the complaint could jeopardize that coverage.