Videos

Did I just Win? (2022)

This video is the twelfth and final video of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I discuss how we help clients define success. On an external level, we investigate, evaluate, and advise our clients. In reality, our job goes beyond those core obligations. Being accused of misconduct is a painful, often life-changing event for a professional, especially someone who has built a good reputation in their profession. Our ultimate responsibility is to help our client's define their ideas of success and do all we can to help them achieve those goals.

Am I Willing to Trust My Fate to Someone Else? (2022)

This video is the eleventh of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I discuss how we approach cases and manage the ultimate outcome. We prepare every case as if it will go to trial or a contested hearing. That is different from saying all our cases go to trial or a contested hearing. A lot do. I spent seven weeks in jury trials in 2022. But many are resolved by dismissals on the most favorable end, admissions of full responsibility on the most extreme end, and negotiated settlements in between those extremes. These negotiated settlements may include amended allegations, reduced penalties, or settling to minimize the costs of litigation.

All Publicity is Good Publicity, Right? Not So Much For You! (2022)

This video is the tenth of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I discuss the problems with the competing strategies of responding publicly to the press in a high profile case and ignoring bad publicity. Engagement is important. It can affect the way reporters view our clients. That could impact the way they portray our clients. At the same time, publicity rarely helps our cause. We have a number of options for engaging with the press without exposing our clients to additional, damaging scrutiny.

Let's Take a Pass on the Criminal Charges (2022)

This video is the ninth of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I discuss the possibility that many professionals can be charged with criminal conduct following an investigation into allegations of professional misconduct. Depending on the nature of the allegations, the charges could include sexual assault, medicaid fraud, wire fraud, embezzlement, or a host of other state and federal criminal charges. We always prepare for this possibility, weigh the likelihood that it will happen, and develop a strategy for mounting a successful defense. We would rather avoid criminal charges, but someone else controls those decisions. Our practice is to prepare for the possibility while working to influence the people who decide whether to file criminal charges. We will be prepared either way.

You Can Keep Me Out of Jail. What About the Pursuit of Happiness? (2022)

This video is the eighth of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I challenge the notion that avoiding a criminal conviction is our only consideration. No doubt it's important - but at the same time, most professionals have more to lose than their liberty. We have to take into account the impact a criminal conviction would have on a professional's life while balancing the collateral consequences of other aspects of the investigation or accusation. Sometimes it is worth the risk of a criminal conviction to save a career.

Let's See What We Find Under That Rock (2022)

This video is the seventh of a series where I discuss how we might respond to common questions from a professional accused of misconduct. In this video, I discuss the importance of mounting our own investigation. We begin with extensive interviews with our client. We interview potential witnesses, gather a broad range of documents, and review extensive amounts of data. We look for favorable and damaging information. Our goal is to know more than the other side, prepare to contest damaging information, and use favorable information to our advantage. We can't accomplish any of that without a thorough investigation.