Month: March 2016

Is your attorney capable of a smart pharmacist’s license defense?

Smart legal decisions require an experienced pharmacist’s attorney

Two pharmacists recently retained me after coming to the realization that their former attorneys were not representing them well before the Oregon Board of Pharmacy. In the first case, in an ill-advised move, the pharmacist took his case to hearing and his pharmacist’s license was revoked. This pharmacist retained me soon after he was revoked, and I had worked with him less than 20 minutes before I realized his case never should have been litigated, because revocation was all but certain. This pharmacist’s case should have been settled, and it was capable of settlement, but to know this requires relevant experience. After reviewing key parts of the record, it was further apparent to me that the arguments advanced by the pharmacist’s last lawyer were sure losers, revealing a lack of experience with the Oregon Board of Pharmacy, law, and preferable settlement options. Starting all over, we are now on the path to reinstatement of his license, which also requires an experienced pharmacy Board attorney.

In the second case, unlike first, the pharmacist hired me at the start of the Board of Pharmacy’s investigation because he not satisfied with his lawyer’s ability to answer simple questions, such as the following:

  • In light of the complaint against me, what will the Board of Pharmacy likely do?
  • How will discipline in Oregon affect my pharmacist’s licenses in two other states?
  • How will discipline in Oregon affect my employment, and how do I manage it?

When this pharmacist called me, I quickly answered these questions, and he retained me.

How to tell an experienced Oregon Board of Pharmacy lawyer

An experienced pharmacist attorney can quickly answer many questions, will certainly be able to answer the questions set out above. An experienced pharmacist’s lawyer will also be able to explain the process, from beginning to end – starting with the Board’s first letter notifying you of the complaint and requesting your written statement, to the formal interview process, to the Notice of Proposed Discipline, and the settlement versus litigation options. If your lawyer has any relevant experience at all, he or she will have worked with one or more pharmacy inspectors, and will certainly have worked with the Compliance Director for the Oregon Board of Pharmacy. An experienced pharmacist’s attorney will also demonstrate an understanding of the pharmacy laws applicable to your case before the Oregon Board of Pharmacy. In sum, when you ask questions of your lawyer, what follows should be an easy, informative discussion, and very reassuring, not because it is all good news, but because useful information and options are forthcoming. If useful information and options are not quickly forthcoming, consider consulting other attorneys until your comfort level is satisfied.