Defense of Professionals Accused of Misconduct
Today, more than ever, professionals are held to exacting standards of conduct. Clients and patients, often eager to blame someone for their misfortunes, sometimes turn on the very people that have been attempting to assist them. And for those professionals – lawyers, psychiatrists, physicians, nurses and dentists – who accepted a difficult or troubled client or patient, and did their very best to help him, an accusation of wrongful conduct or misconduct can be devastating, both emotionally and professionally. To their dismay, these caring men and women find their professional reputations, even their very livelihoods, potentially destroyed by an allegation. A Massachusetts lawyer with experience in defending a professional accused of misconduct may be able to help you contain the damage.
In Massachusetts, the boards that oversee professionals, such as the Board of Bar Overseers, the Board of Registration of Medicine, and the Board of Registration in Nursing take allegations of misconduct seriously. These boards investigate the allegations and, if they conclude that the accusations are meritorious, initiate formal proceedings. Such proceedings are adversarial, with the accused essentially treated as a criminal – except without the safeguards accorded those accused of crimes, such as fundamental Due Process and the presumption of innocence.
Because the stakes are so high, professional misconduct cases must be treated with the utmost care. Hearings before these boards are, in a very real sense, trials. Therefore, when retaining counsel to defend you against an accusation of professional misconduct, choose a seasoned trial lawyer. Business lawyers, and even many, if not most, civil litigators, have tried few, if any, cases before juries. No lawyer, no matter how intellectually gifted, well-educated, or experienced in his or her area of expertise can acquire the skills or confidence necessary to succeed before these boards absent sufficient opportunities to develop trial acumen. In short, trial type work should be left to experienced, battle tested trial lawyers. This is true even if the matter is likely to be resolved short of a hearing. Lawyers lacking experience and self-assurance are likely to recommend settling a case short of a fair resolution to shake their misgivings about successfully defending you before the board. Prior to these hearings, the parties are sizing each other up. A trial lawyer with an impressive trial record and a demonstrated willingness to “tee it up” may well accomplish what the insecure lawyer considered implausible.
The Mahoney Criminal Defense Group has successfully represented prominent lawyers, C.E.O.s, physicians, psychiatrists, nurses, businessmen, students, professors, and celebrities. These cases are usually highly complex, document intensive, and challenging. To prevail, Attorney Mahoney meets regularly with his clients, analyzes the strengths and weaknesses in the case against them, and with the client’s assistance devises a strategy to obtain the best possible outcome. Perhaps, in no other type of investigation or prosecution can the shrewd advice, hard work and experience of the law firm make such a difference to a satisfactory outcome for a client fighting to preserve his license and his reputation.