Legal Question in Administrative Law in Oregon
Conflict of interest?
I was represented by an attorney in a case where the board of nursing sought to sanction me. My attorney advised me to surrender my license, otherwise the board could just take it. I was advised that appeals are messy and usually result in further problems to the 'defendant'.
The attorney and her firm represent people whose licenses are jeopardized by regulating boards. That is their specialty. The board knows these lawyers, there is a relationship. I sometimes wonder if I was advised to not make waves, thus allowing the relationships between my attorney and the board to continue without difficulty. If that happened, is that a conflict of interest on my attorney's part?
2 Answers from Attorneys
Re: Conflict of interest?
What you describe is not a conflict of interest. Your attorney does not represent the licensing board.
That being said, if you believe that your attorney is not being assertive enough, you should get a different attorney. Then again, any attorney with extensive experience before the nursing licensing board would probably face the same tendency to be "nice" with the board as you have experienced with your current attorney.
Any attorney who does court or agency litigation should be able to represent you before a licensing board. You might get an attorney with general litigation experience who does not routinely appear before this particular board.
Re: Conflict of interest?
What you describe is not a conflict of interest. Your attorney does not represent the licensing board.
That being said, if you believe that your attorney is not being assertive enough, you should get a different attorney. Then again, any attorney with extensive experience before the nursing licensing board would probably face the same tendency to be "nice" with the board as you have experienced with your current attorney.
Any attorney who does court or agency litigation should be able to represent you before a licensing board. You might get an attorney with general litigation experience who does not routinely appear before this particular board.
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