Robert S. Bennett's Reviews

Lawyer's Comment: The Texas Board of Nursing

This case involved a nurse who was being investigated by the Texas Board of Nursing who had allegedly failed to disclose some information. After an extensive investigation and presentaion to the Texas Board of Nursing, the allegations were dismissed. It is important that competent counsel be sought if you are under investigation. Besides losing your nursing license, a criminal investigation is possible that would cost you, your freedom. Please note that the words of advice from the Texas Board of Nursing do not advise you to hire a lawyer. This should demonstrate that the Texas Board of Nursing does not look after the interests of the nurse. You have been warned.


What To Do If You Are Under Investigation
1..Respond promptly to all requests for information by the investigator assigned to your case.
2.Keep the investigator informed about how, when, and where you can be reached, and supply a phone number.
3.Ask your investigator questions so you are certain you understand what is happening.
4.Respond promptly to the notice letter informing you of the allegations against you. The response should be concise, clearly written, and should address the facts as you know them. You may include any pertinent information that you consider to be mitigating circumstances. An extension may be granted by the investigator, but you must request this extension and honor the new deadline date.
5.If you should receive a letter asking you to appear at an informal conference on a scheduled day and time, confirm your appearance at this conference within twenty (20) days from receipt of the letter, or your name will be removed from the schedule and formal charges may be filed against you.
6.Remember that the mission of the Board is to "protect and promote the welfare of the people of Texas." The investigation is fact driven. If the facts do not substantiate the allegations, the case will be closed

The statement from the Texas Board of Nursing says nothing about helping the nurse.
Bob Bennett

Lawyer's Comment: This was an interesting case because we were trying to keep the Texas BOLE from making a determination that the client had a chemical dependency. The BOLE has a rule of thumb that if you are not clean for two years prior to your application, it will be difficult to not have a fitness hearing. At the hearing, the likely outcome will be a probationary license from the Texas Board of Law Examiners. Please keep in mind that each case is uniqure and under these circumstances what works with one applicant may not work with another. We have had clients who are in total remission and the Texas Board of Law Examiners still wants to classify the declarant or applicant unfit but eligible for a probationary license. Application of the DSM IV is important and expert testimony may be necessary. it may be necessary to agree to a probated license without a hearing.

Lawyer's Comment: "[Name removed By Avvo]", who refused to provide his name, signed an employment agreement with the hourly rate as noted and with other terms. You would think that if one has a law degree, they would be able to read a contract. His family's best friend who was an attorney testified for "[Name removed By Avvo]" and provided a letter of commendation for the representation of "[Name removed By Avvo]". HIs statement said:'I was pleased to hear that the BOLE saw fit to grant (probationary) admission to the Bar for ([Name removed By Avvo]). It was "touch and go" and you did well in getting him this far." After the hearing, "[Name removed By Avvo]" mother, "[Name removed By Avvo]", and the attorney friend were highly complimentary about the legal sevices provided. Having achieved exactly what the client wanted, surprise - surprise there was a dispute over the final bill. This is now being litigated. With nearly fifty (50) clients who have rated our services supreb,a disgruntled client shows that you can not please every client every time. It also shows the validity of the rating system. Concerning knowledge of the facts and being unprepared, a copy of the actual hearing for "[Name removed By Avvo]" will be made public, and you will be able to judge for yourself the level of preparation and knowledge involved in "[Name removed By Avvo]" representation. Should you have any interest in learning what really happened with "[Name removed By Avvo]", please let me know. Failing to show respect and responsibility to the Board of Law Examiners, is not a good way to start your legal career. If you do have those problems, be sure you hire an attorney who will be prepared and provides skilled representation or you may end up in a lot worse shape than "[Name removed By Avvo]" who now can practice law.
My name is [Name removed By Avvo] and I approve of this comment.

Lawyer's Comment: This was an interesting case with numerous instances of failure to disclose and untimely amendments. The predetermination letter did not look good. We were prepared to discuss a Probationary License under Texas Board of Law Examiners Rule XVI; Probationary Licenses and had discussed that possiblity with the BOLE Staff Attorney. At the time of the hearing however, the allegations were dated and strong letters and recommendations were available to present reasons why at the "PRESENT TIME", the applicant had good moral character to be a member of the Texas Bar. The applicant had already passed the bar exam and had a law-related job and this also helped.

Lawyer's Comment: Fitness and Character Hearings before the Board of Law Examiners can be very intense and difficult to manage. At the very least, a law student or attorney should talk to an attorney who is familiar with the issues at a Fitness and Character Hearing. With your law license on the line before a Panel of the Texas Board of Law Examiners, it is not the time to try and do it on your own. At least talk to an experienced attorney about what you can expect.

Lawyer's Comment: Cost of Representation
After a law student has paid $80,000.00 to $100,000.00 for an undergraduate degree, and you pile on $50,000.00 to $100,000.00 for a law degree, how much should be charged for this last hurdle before the Board of Law Examiners? Bob Bennett usually charges $400.00 an hour that increases to $500.00 for appearances before the Board. Some cases can be resolved by getting the Predetermination letter dismissed and with other cases, a full and complete hearing is necessary. Please consult with the attorney handling your case as to what reasonable and necessary fees and expenses will be in your particular case. Some cases have been resolved for as little as $1,000.00 and others have run into the six figures. At Bob Bennett and Associates, we are always willing to disuss budgets, estimates, and a range of costs and expenses. If you do not bring up or discuss your concerns with Bob Bennett and Associates, they are hard for us to address and get resolved.
Bob Bennett and Associates

Lawyer's Comment: The Secretariat of the United States Medical Licensing Examination (USMLE) and the National Board of Medical Examiners filed a suit against Optima University for copyright infringement. The injunctive action states that Optima by it's agents and owners engaged in unauthorized copying, reconstruction, and distribution of copyrighted USMLE test questions and answers. Students who took Medical Step One and Step Two examinations are having their test scores reviewed and in some instances questioned.

The USMLE Committee on Score Validity has sent out over 500 letters to students who attended Optima Courses in New Jersey and Tennessee and asking Optima Medical Students ( students who attended Optima courses) to "submit information relevant to the Committee's assessment of the validity of your scores". USMLE has offered to allow the Optima medical students provide documentation to support the validity of their test scores and the opportunity to appear personally in front of the USMLE Committee on Score Validity. Many students are not exercising their right to make a personally appearance and are giving up their right to have a transcript made of their hearing. This may prove tragic if the result of the hearing is to declare the test score indeterminate. With this finding the only way to have the test score reinstated is to take the test again and pass it or to appeal the decision to the United States Medical Licensing Examination Secretariat/National Board of Medical Examiners Composite Committee, The Composite Committee meets at the end of January 2010 and will be making decisions on appeals that are filed with USMLE/NBME on or before January 20, 2010. So only a few days are left to get your appeal filed if you received notice that your score as indeterminate from the October and December Hearings.

The Bennett Law Firm has represented six students before the Score Validity Committee of the Secretariat of the United States Medical Licensing Committee during the October and December 2009 hearings. The first four students have received notice that their scores on Step One and/or Step Two have been certified "as a valid measurement of your competence in the domains assessed by the examination (s)..." One of our clients had his/her Step One certified but his/her Step Two was determined to be indeterminate requiring either an appeal or a retesting.

The Optima Student who receives the "unfair advantage" letter is faced with a decision to request a personal appearance before the USMLE Committee on Score Validity of simply submit what information that might have to get their test scores approved. Giving up the right to appear means that no transcript is made and no real record kept. Most attorneys would not recommend giving up this right.

Lawyer's Comment: The Texas Board of Law Examiners can obsess over their concern with an applicant's "good moral character" under Rule IV. The applicant must remember to focus on the PRESENT good moral character and show at the present time of the hearing, you would not be any threat or in any way create an "injury" to your clients, not be a person who would engage in "obstruction of the administration of justice", and not violate the Texas Disciplinary Rules of Professional Conduct. In representing clients before the hearing committees of BOLE, the use of live witnesses, appropriate documentation, and a history of effective representation can be of benefit to the applicant.

Lawyer's Comment: Federal And Texas Sex crimes are very difficult and emotional cases to defend. The case noted went to trial and resulted in a directed verdict by the Judge. The Federal Sentencing Guidelines can be devastating when even one inappropriate photo is found on a computer. It helps that I have been a Federal Prosecutor and have handled numerous federal cases.

Lawyer's Comment: This matter involved the Law School Admissions Council that administers the Law School Admissions Test (LSAT), if an individual makes a mistake on the application and the LSAC determines that a misconduct or irregularity has occurred that information will be sent to all law schools where the student applies. There is a hearing provision under the Law School Admission Council that from our experience is perfunctory at best.. Real issues of due process appeared at the hearing in question including failure to allow for questions or the examination of witnesses. This matter had a happy ending with the LSAC but the manner in which the hearing was conducted raises constitutional issues.

Lawyer's Comment: The matters before the State Bar of Texas Board of Law Examiners involve either "fitness" to practice law or issues of "good moral character". Both can trip an applicant who wants to join the Texas State Bar. By using a combination of statements, documents, affidavits, expert opinions, live testimony and telephone call ins where appropriate, we have been able to successfully represent our clients in matters before the BLE.

Lawyer's Comment: WHAT IS THE COST OF REPRESENTATION BEFORE THE BLE
Matters before the Texas Board of Law Examiners vary greatly in complexity and cost. We have represented attorneys who have been denied the right to practice in Texas and have spent considerable time proving why they should be licensed. The fees and costs for this type of representation start at $25,000.00 and can greatly increase. No two cases are alike and the individual facts and circumstances of each case needs to be reviewed and discussed with counsel.
LAW STUDENT REPRESENTATION
A typical challenge to the law student application will result in attorneys fees ranging from $5,000.00 to $10,000.00, again depending of the facts and what is discussed with counsel. The gathering of documents and statements can be done by the applicant which will help to reduce the cost. Travel expenses are another consideration. These matters should be discussed with your attorney.

Lawyer's Comment: The Bennett Law Firm has posted on its medical website and article and analysis on earlier termination by the Texas Medical Board that should be read by any health professional who is under a TMB order and wants to terminate early. It is difficult to do and a strong showing must be made given the current political climate. I would not say impossible but certainly difficult. Read the article and then let us know if you have any questions.

Lawyer's Comment: The Bennett Law Firm has for several years represented law students and lawyers before the Texas Board of Law Examiners. Mr. Bennett has lectured about this subject before students at the University of Houston Law Center, South Texas School of Law, and the University of Texas Law School. Several articles are on the Firm's website (www.bennettlawfirm.com) that address hearings before the TBLE

Lawyer's Comment: Just because you are arrested that does not necessarily mean you will end up with a permanent record. As with the posting under "Misunderstanding" above states there are factual and legal situations that can lead to a complete expunction of the arrest record, and the ability to say that you never were arrested, even if you were. Sealing and judicial deletion of records are other ways that can be explored to do away with the arrest. There is also the possibility of Pardons by the Governor of the State and Presidential Pardons that can be investigated. Please note that each case is unique and what worked in one situation may not in the next due to a number of factors. Consult with an attorney who is familiar with these procedures.