Legal Professionals: What to Do If You Receive Notice of a Complaint from the Kansas Board of Discipline of Attorneys

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One day you are at the office just about to return a client’s phone call when your office assistant drops the mail on your desk. Neatly placed on top of other attorney correspondences you see a letter from Kansas Board for Discipline of Attorneys, informing you that a complaint has been filed against you. You are not alone. At some point in your career, either a former client or a non-client may become upset with you or your client and file a complaint against you. This does not mean that you should disregard the complaint or not take the complaint seriously. In fact, all complaints whether meritorious or not should be taken very seriously. If you receive notice of a complaint from the Board, here are some basic steps you should follow:

1)      Inform your firm: Whether you are an associate attorney or a partner, you will dread telling people that you received a complaint. However, the firm’s management needs to be made aware of the action as soon as possible so that the firm can take appropriate action. For example, a partner will need to inform the firm’s malpractice insurance carrier and develop a plan in case the complaining party contacts the office.

2)      Do not send a hastily drafted response: Upon receipt of a complaint, you may be overcome with emotions. On the one hand, you may be angry and want to draft a response denying any wrongdoing and pointing out the errors of the complaining party’s unskillfully drafted grievance. Or, on the other hand, you may find yourself admitting wrongdoing and asking for understanding. Neither choice is a good one. A response needs to be carefully drafted so that it does not inadvertently admit any wrongdoing or create cause for a different violation. For example, an attorney’s response needs to be mindful of the attorney-client privilege.

3)      Hire an experienced attorney: Do not consider representing yourself. As the familiar saying goes, an attorney who represents himself has an idiot for a client. Do not trust your law license to an attorney who does not have experience before the Board and cannot provide you with an objective perspective and strategy for the case, in other words “YOU”.

4)      Do not communicate with the complaining party: Although it may be tempting to contact the complaining party, especially if it is a former client, resist the temptation. The conversation may be construed by the complaining party as an attempt to dissuade the party from bringing a complaint or as attempt to buy the complaining party’s silence.

If you have received notice of disciplinary action by the Kansas Board of Discipline of Attorneys, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. You can trust the team of seasoned professionals at the Sanger Law Office to thoroughly investigate the pending allegations being brought against you and to prepare an effective strategy that meets your individual and professional needs.

Pharmacists: Five Ways to Jeopardize Your License in Kansas

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The main purpose of any state’s pharmacy board or other licensing organization is to protect the public’s health, welfare and safety by making sure that all individuals and entities meet that state’s rules and regulations through the process of registering and licensing. Simply stated, any state pharmacy board is looking to protect the general public, not individual pharmacists and their licenses. Therefore, it is important that pharmacists be aware of the potential risks that can lead to a complaint and potential investigation so that the licensee is able to avoid such mistakes. Here are five of the most common pharmacist errors that can trigger a complaint or an investigation by the Kansas Board of Pharmacy:

1)      Failure to Meet Licensing Requirement: The simplest way to avoid problems with your pharmacy board is to make sure that you are current with any and all licensing requirements for your state. All too often, pharmacists risk their licenses by failing to complete mandatory continuing education classes offered through an approved provider or to submit the necessary renewal fee.

2)      Conviction of a Crime: In most states, a pharmacist must disclose whether the pharmacist has been convicted, fined or otherwise disciplined for violating any drug or pharmacy laws. In Kansas, pharmacists must also report whether they have been charged with or convicted of any felony. Failure to do so can result in disciplinary action or loss of license.

3)      Misappropriation of prescription medications: Illegal or unlawful conversion of a drug for a pharmacist’s own personal use or for the use of another is not only a serious crime but can also lead to the revocation of a pharmacists’ professional license. It does not matter whether the pharmacist benefited monetarily from the drug misappropriation.

4)      Substance Abuse and/or Addiction: Whether your abuse or addiction started innocently enough when you injured your back and became dependent on pain pills or if the addiction started because you had the access to the drugs, it does not matter. Pharmacists who have a problem with chemical dependency need help. Pharmacists in Kansas can reach out to CIPP (Committee on Impaired Provider Practice) by contacting their help line. Each call is kept confidential and is not known to the Kansas Board of Pharmacy. 

5)      Gross Negligence or Incompetence in Performing Duties: The basic rule is if you are not sure of your professional duties and/or obligations in any given situation, find out. Remember some of the most common errors occur when a pharmacist is acting carelessly and without a full investigation into his or her obligations.

If you are a pharmacist who has just received notice of a pending investigation by the Kansas or Missouri Board of Pharmacy, contact the Sanger Law Office. We invite you to call 785-979-4353 to schedule a free and completely confidential consultation. The team of seasoned professionals at the Sanger Law Office will investigate the pending allegations against you and prepare a strategy that meets your individual and professional needs.

 

Kansas Real Estate Agents: Seven Deadly Sins

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Each year thousands of real estate agents and brokers across the country find themselves in hot water with their state licensing boards. Do not let your real estate license become a victim of bad business practices or a careless mistake. Learn from the mistakes of others to ensure the longevity of your license and your professional future. The following are seven mistakes that can place a real estate agent’s license in peril:

1)      Involvement in Mortgage Fraud: Mortgage fraud typically occurs when a lender is duped into making a loan the lender would not otherwise made but for some type of fraud. This fraud can occur when the agent manipulates the apparent value of the property so that the bank makes a loan in excess of the real value of the property or to a buyer that is otherwise unqualified. Fraud of this nature cannot only cost an agent of his or her license but also land the agent in jail.

2)      Conviction of a Crime: Most state licensing boards have laws that restrict persons with felony and other criminal convictions from maintaining a real estate license. In Kansas, for instance, the Real Estate Commission can deny a license to any person that has been convicted of or pled guilty to a crime which reflects upon the individual’s honesty, integrity, trustworthiness or competence to conduct real estate transactions.

3)      Misrepresentation: Clients put trust in real estate agents to find the right property and then to guide them through the real estate buying process. Actions by an agent such as misrepresenting facts, omitting details, or flat out lying in order to induce a buyer to make a transaction is unethical and can result in discipline and/or loss of license.

4)      Mishandling a Client’s Funds: The fastest way to lose your license is to play with or mishandle a client’s money. Each year agents lose their licenses as the result of “borrowing” money from client and bad bookkeeping. The best way to avoid this problem completely is to place the client’s money in a trust account or in escrow with the title company. Also, do not take any commissions until the transaction has closed.

5)      Playing Attorney: Avoid the temptation to try to be and do everything for your client, especially if it is outside your realm of expertise. Real agents find themselves flirting with danger when they attempt to draft or amend contracts and other legal documents. Ignorance is no excuse when it comes to actions that constitute practicing law without a license.

6)      Not meeting licensing requirements: The easiest way to avoid putting your license in jeopardy is to make sure that you have met all of your state’s licensing requirements. Each year people lose their license for failing to pay the required fees and take the necessary continuing education classes. 

7)      Incompetence: If you are not sure about a particular area—get help, do not opt to just “wing it.” Losing your license over a mistake that could have been avoided by picking up the phone and contacting a colleague or professional organization is just careless.

If you are being investigated by the Kansas Real Estate Commission you need an experienced professional license defense attorney. I invite you to contact the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. My team of seasoned professionals a Sanger Law Office will fight for your professional license and protect your livelihood.

Kansas Certified Nurse Aides: Five Ways to Jeopardize Your Certification

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Certified Nurse Aides (CNAs) play an important role in hospitals, nursing homes, assisted-living facilities and in other health care delivery facilities. From administering vitals to updating patient records to helping a patient eat, a nurse aide is involved with multiple aspects of patient care. But no matter how busy a nurse aide may be, he or she should never take the certification for granted. Each year nurse aides are disciplined and/or have certifications revoked due to careless mistakes and or negligence. Here are five errors that can jeopardize a nurse aide’s certification:

1)      Certification Problems: In order to obtain your CNA certification in Kansas you must complete a 90-hour nurse aide training course and pass the state test. The quickest way to jeopardize your certification is by lying on any portion of the application. Each year applicants “fib” about their criminal history and credentials thinking that no one will find out. This is one gamble that is sure to result in a loss of certification.

2)      Conviction of a Crime: In most states the conviction of a felony or other crime can be grounds for automatic revocation of a nurse aide’s certification. If you are charged with a crime, make sure that you consult with professional license defense attorney in addition to a criminal attorney. In some cases, pleading guilty to a crime may lead to your certification being revoked.

3)      Patient Mistreatment: The majority of a nurse aide’s duties are with direct patient care. Mistreatment or abuse of a patient will not be tolerated and in most cases will result in a loss of certification. Sometimes due to a patient or resident’s mental infirmities, he or she may become aggressive or even violent. If you are having difficulties managing a patient, obtain assistance from the nurse on duty or another supervisor.

4)      Misappropriation of Property: As a nurse aide you are typically responsible for helping patients with every day duties, from getting dressed and undressed to bathing and toileting. Some patients may be so grateful for your services that they will present you with a gift. Most facilities, whether it be a hospital or a nursing home, typically prohibit staff, including nurse aides, from accepting gifts. Elderly patients with memory problems may also forget giving you a watch or other item of personal property and later report the item stolen. It goes without saying that stealing from a patient is not only a crime, but will also result in the loss of your certification.

5)      HIPAA Violations: Nurse aides, like other medical employees, must know and understand – their obligations under HIPAA”). Sharing a patient’s medical information with people not authorized to know that information can result in the revocation of your certification.

If you are a certified nurse aid who is being investigated due to a complaint, contact the Sanger Law Office today at 785-979-4353 to schedule a free consultation. You can trust our team of experienced professionals to provide you with the superior legal service you need to protect your career.