The Hidden Threat of “Collateral Estoppel” to Professionals Seeking Quick Resolutions to Legal Issues
As a licensed professional, your career is built on your reputation and legal ability to practice. When faced with a civil dispute from a former client or patient or a criminal charge, you may believe that the fastest way out is the best way to preserve your reputation and prevent word from spreading. After all, once the issue is dealt with, then it can’t cause any more harm, right? Unfortunately, the result is usually the exact opposite due to a tricky legal doctrine known as “collateral estoppel.”
Do not let a minor legal issue destroy the career you spent many years building. If you are a licensed professional facing legal questions of any kind, you need to secure knowledgeable representation immediately. Call the LLF National Law Firm at 888-535-3686 or contact us online to build a comprehensive defense strategy.
Understanding Collateral Estoppel
Collateral estoppel (also known as issue preclusion) is a legal doctrine that prevents people from relitigating an issue that has already been decided. What makes this doctrine so dangerous is that it can apply to practically all licensed professionals.
For example, imagine a situation where an accountant is accused of stealing funds from a client. This is a serious accusation that could lead to imprisonment. An innocent accountant may quickly agree to a plea deal that avoids jail time, believing that this is cheaper and less risky than fighting the charges in court.
If a regulatory board gets word of the plea bargain (and they almost always do), then the accountant loses the opportunity to defend themselves or explain the nuances of the situation to the board. Even though there is more to the story than “Yep, they did it”, the issue has already been decided because the accountant admitted to the crime.
Collateral Estoppel is Not the End of the Road
Collateral estoppel is often devastating to professionals because they thought they were doing the smart thing by ending the dispute as quickly as possible. However, even if the underlying issue of fault cannot be re-litigated, there is a multi-step process that most regulatory boards must follow before they can discipline licensees. You still have the right to receive notice of the allegations against you and to request a hearing. You can still argue that discipline is not appropriate and take your case to court if need be.
Protect Your Career Across the Country with the LLF National Law Firm
The LLF National Law Firm helps professionals nationwide protect their licenses and their livelihoods. Because collateral estoppel can cross state lines, a minor legal issue in one jurisdiction can threaten your ability to practice anywhere else in the country. We work diligently to analyze every aspect of your case, ensuring that a quick plea does not inadvertently destroy your future.
Whether you are dealing with a civil lawsuit, a misdemeanor charge, or an active board investigation, early action is your best defense. We will work to help you achieve the best possible outcome. Call the LLF National Law Firm at 888-535-3686 or contact us online to get our Professional License Defense Team on your side today.