Episode Transcript
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SPEAKER_01 (00:00):
This podcast is for
educational purposes only, does
not constitute legal advice, anddoes not create an
attorney-client relationship.
If you need legal assistanceabout a legal problem, contact
an attorney.
SPEAKER_00 (00:12):
Welcome back to Know
You Regulator, the podcast that
inspires you to engage.
I am your host, Simone Murfrey.
We've got a really insightfulepisode lined up for Texas
license holders today.
I'm joined by two people whowork very closely with licensed
professionals day in and dayout.
Bertolino Law Firm's very ownclient success liaison Donald,
(00:33):
DJ Kalora, and client successmanager Jason DeLuce.
Welcome to the show, guys.
Thank you so much for beinghere.
SPEAKER_01 (00:41):
Thanks for having
us.
SPEAKER_00 (00:43):
Absolutely.
Well, let's jump right in.
You both hear from people afterthey've received a letter from
their board or they've realizedthat their license may be at
risk.
What are some of the biggestmistakes that license holders
make when that happens?
DJ, we'll start with you.
SPEAKER_02 (00:59):
Yeah, the two
biggest mistakes people make are
probably silence and emotion.
Um, too many people feel like orhope perhaps that it's just
going to go away, but it's not.
Um The letter you're gettingfrom the board is not just a
courtesy, it's it's the start ofa process.
And so some people tend toignore it until they can't
(01:20):
anymore, which can make thingsmore difficult.
And then, of course, theemotional aspect can get in
people's way as well, especiallywhen the truth is on their side.
Um, people will discloseanything and everything to try
and prove their innocence.
Um, and sometimes that cancomplicate things needlessly.
Um, it's understandable, butthese mistakes can be very
(01:42):
costly.
SPEAKER_00 (01:43):
Totally.
Yeah.
And that response can kind ofset the tone for that process
that you mentioned.
It's definitely not the time totry and wing something or start
like a new profession, trysomething new.
The licensing board does takethese um really, really
seriously.
So, Jason, we have talked beforeon the show about how often
(02:05):
license holders underestimatewhat they're walking into when
they're facing an investigation.
Let's dig into that.
What do license holders need tounderstand about who they're up
against?
SPEAKER_01 (02:18):
I mean, they're
dealing with full-time
investigators, full-timeattorneys.
This is their area of expertise,right?
This is their job.
And so a lot of times licenseholders, what they don't realize
is, you know, you're you'reyou're now dealing with someone
that is really giving you anallegation, right?
That and they're looking for uh,you know, things in regarding to
(02:39):
that allegation.
So I think what what happens ismost times a license holder may
be an expert in their field, butthey're not an expert in the
law.
And so you really have tounderstand what you're playing
up against.
It's an uneven playing field,right?
These people, they know thelaws, they know the rules, they
know the the occupation codes,and sometimes you're faced with
getting thrown a bunch of theselegal jargon, is what I call it.
(03:01):
And and now you're in an unfairadvantage dealing with these
investigators and theseattorneys.
And so without legal help, itit's it's hard to win that game.
But it's very difficult to playthe game if you don't have the
right people on your team tohelp you.
SPEAKER_00 (03:19):
Totally.
Yeah.
The right support can reallymake all the difference.
Absolutely.
So when it comes to seeking thatlegal support, what should
someone look for in an attorneyto help protect their license?
DJ, we'll go with you first.
SPEAKER_02 (03:35):
Yeah, so um the
first thing to understand is
this area of law is verydifferent than some of the other
areas of law.
And so not every attorneypractices or handles
professional license defense.
And folks, so finding someonethat knows this particular area
of law is oftentimes critical toputting forth the best defense
(03:56):
you can.
Um, you know, one thing that youshould always ask a potential
attorney is have you worked withthe board before?
Um, because these processes arenot like other areas of law
again.
And so having that experience iscritical.
Um, one of the most commonconcerns people have is the
cost.
And oftentimes having thatexperience is one thing that
(04:17):
helps control that costs.
And so when you when you wantto, when you're looking for an
attorney, um you need someoneobviously that that is an
expert, um, but that's honestand transparent.
And so um when you put all thesethings together, that you need
someone that can both, I guess Iwould say, speak your language,
but also speak the board'slanguage at the same time.
SPEAKER_00 (04:37):
Totally.
Yeah, super important for forboth of those aspects.
And trust is key, right?
Like this is a high-stakesprocess.
You need to be able to trustyour attorney and your legal
support.
SPEAKER_02 (04:52):
Exactly.
And just like you wouldn't wantus going into a classroom or an
operating room or underwritingan insurance policy, you don't
want to go into a courtroom andtrying to defend yourself.
Um, it's not that you can't oryou you couldn't be successful.
It's it's just that expertiseand that experience can be a
world of difference.
Um, and you're talking aboutyour entire career.
(05:15):
Um, and so why would you riskit?
You know?
SPEAKER_00 (05:18):
Right, right.
Yeah, absolutely.
I mean, that's a huge, huge one.
Don't don't risk that.
Would you guys say that it'swidely misunderstood that your
professional license doesn'tturn off when you go home or you
clock out?
I feel like that's a reallytough reality for a lot of
people.
Jason, what would you say?
SPEAKER_01 (05:38):
Yeah, uh,
absolutely.
Uh I think that once you're alicensed individual, there is no
uh, you know, the the on lightis always on, right?
The open light is always open,even if you're not necessarily
in the in working, right?
Um, I think what most peopledon't don't don't realize.
And again, you know, what you doSaturday and Sunday could,
(06:00):
possibility, right, could havean effect in your professional
life on Monday, right?
And and and a lot of times that,you know, as a licensed uh
individual, you are held to amuch higher standard.
And that's just the reality ofthe situation.
And so it's definitely amisconception.
I think that, and again, itdoesn't mean you're a bad
(06:20):
person.
It doesn't mean that, you know,you didn't know uh now the
world's over.
No, it just means that now youneed somebody that understands
that and somebody that hasexperience in that to defend
you.
Uh, and and just in DJ said itperfectly, right?
But having an attorney alwaysjust make sure that, you know,
or someone that knows his fieldjust gives you uh a better
(06:41):
chance and and better odds inyour favor.
But it obviously just protectsyou at the end of the day, and
that's what you want to do isprotect your livelihood, protect
your ability to make income, toprovide for your family, and
most importantly, yourreputation.
And that's really what it does.
SPEAKER_00 (06:56):
Yeah, absolutely.
It's a stark reminder, you know,that holding a professional
license, it's a privilege, it'snot just a job, for sure.
SPEAKER_02 (07:05):
For sure, for sure.
And that's the key word isprivilege.
It's it's people think that theyhave protections that they would
under other areas of law thatmay or may not apply to their
license.
And so oftentimes people aresurprised and caught on their
back foot when they realize thatthere's a level of
accountability with the boardsthat they didn't anticipate.
And, you know, as they say,ignorance is no excuse.
(07:28):
And so that that privilege to meis a key word I feel like um
doesn't get discussed enoughwhen it comes to professional
license holders.
SPEAKER_00 (07:36):
Yeah, no, that's a
great point, DJ.
Really um, really kind of easyto understand how a license
holder may get caught up there.
But like you said, the ignoranceis not an excuse.
So perfect segue.
Whether you want to be proactiveor you're dealing with a
complaint that you've got rightnow, license protection is
something that all professionalsshould think about.
(07:57):
What are some proactive steps orsome resources that you guys
have seen?
DJ, what would you say?
SPEAKER_02 (08:05):
Um, don't wait for a
complaint.
The the second that you thinksomething might occur, uh, it
would benefit you to have anattorney at your back.
Unfortunately, we speak to fartoo many people that have a
response deadline in 24, 48hours.
Um, and that makes it verydifficult to be able to fully go
(08:28):
through all the differentmechanisms that can help provide
them with the best defensepossible.
And so um, you know, not waitingis important.
You can also join professionalassociations, trade groups, that
sort of thing.
A lot of times they offerprofessional license defense.
Um, much like health insurance,you you don't, you know, you
might not need it.
You hope you never do, but whenthat day comes uh that you do,
(08:51):
you'll be very, very grateful.
It's a lifesaver, basically.
Um and also understanding, youknow, being proactive doesn't
mean living in fear.
I feel like one of the primaryreasons that people aren't more
proactive when it comes toprofessional, defending their
professional license is they'recoming from a place of being
scared, and which is completelyunderstandable.
It's the most scary, isolatingfeeling in the world to have
(09:15):
your professional license comeunder attack and duress.
Um, but oftentimes thathesitation can can make a world
of difference.
And so I encourage everyone,even if you're scared, um, to
reach out and do everything youcan to protect yourself.
SPEAKER_00 (09:29):
Absolutely.
And we will include some helpfulresources from various boards
here in Texas in the episodedescription below so you guys
can check them out.
DJ, Jason, thank you both verymuch for sharing these insights.
Would you guys have any finaladvice or final tips as we're
wrapping up for our audience?
SPEAKER_01 (09:51):
Yeah, uh, I'll go
first.
I think that definitely, youknow, when it comes to
protecting um yourself andprotecting your license, I think
these licensee holders, youknow, spend countless hours,
thousands of hours, whether it'sstudying, whether it's spending
lots of money out of theirpocket to go to school, getting
their education, whether it'seven in the field, right?
(10:12):
Some of these license holdersare masters at what they do,
right?
10,000 plus hours, you know, inthe field, you know, you, you
know, 20 plus 20 plus yearcareers in their field, run
their own firms, run their ownpractices, run their own
businesses.
And then just like that, justlike that, something can happen.
(10:32):
A complaint comes in and theworld is upside down.
And so it is worth it for you toprotect yourself, whether it's
being proactive and just likeyou know, DJ mentioned, whether
it's trade groups, whether it'suh, you know, any newsletters
that that may have, you know,that with your board, so you're
up to date on the changing laws,because laws are changing all
(10:53):
the time, you know, whether it'sgetting license and protection,
whether it with uh insurance,right?
So making sure that you have aprotection in your uh insurance
policy that covers licensedefense, right?
It's better to have it and notneed it than need it and not
have it.
So you definitely want to makesure you're being proactive.
And if in if for any reasonyou're in a reactive stance
(11:15):
where an investigation does comeyour way, jump on it as soon as
you get that.
Don't wait for a deadline.
You know, don't don't wait tillit's last minute and now you're
you're you're fumbling aroundtrying to figure it out because
this is more than just alicense, it's more than just a
complaint.
This is your reputation on theline, this is your livelihood on
(11:36):
the line.
And at the end of the day, thisis this isn't it's important.
So definitely whether it'sproactive or reactive, you want
to find help.
There is help, but youdefinitely want to make sure
that at the end of the day,you're protecting yourself.
SPEAKER_00 (11:49):
Yeah, well said.
Well, if you are a licensedprofessional, take this episode
as your sign to get educated,stay ready.
A board letter can change yourcareer in an instant.
And how you respond and whohelps you matters.
As always, don't forget tosubscribe to Know Your
Regulator.
Until next time, stay inspiredand continue engaging with your
(12:12):
regulatory agency.
Know your regulator, the podcastthat inspires you to engage.