I have two DUIs on my criminal record, how would this effect me getting my realtors license in the state of California?

I recently enrolled into a real estate school and I want to work as a realtor in the future. Unfortunately, I was convicted of DUI twice in California and I am informed that the CalBRE is tough on criminal charges. My first DUI was approximately around 4-5 years ago and the second DUI charge occurred 1-2 years afterwards. I would like to get my DUIs expunged. I would also like to know the chances of getting my realtors license with these charges expunged. Thank you for your time.

Nathan’s Answer

The administrative agencies as a general rule do not provide licensure while one is on probation. Expunging your record is a bandaid since administrative agencies typically have the power to look beyond the conviction at the underlying facts. A pattern of DUIs can be interpreted as failing to appreciate the responsibility of following the law. This could seriously interfere with your ability to get a license. You'll need a plan and ideally one that is provided to you as a roadmap by administrative counsel.

What benefit, if any, is there in reporting a an attorney who possibly violated California ethics?

I currently work for an attorney who was involved in a complaint filed against her by plaintiff's attorney alleging conspiracy between her and her client, defendant. Plaintiff's attorney simply decided to bring in another cause of action based on no personal knoweldge of conspiracy. The complaint was not pled with particularity and we are quite certain that the complaint alleged this simply as a scare tactic.

Fortunately, the complaint was dismissed without prejudice against my boss, defendant's attorney. This was in November of 2014. However, a colleague suggests reporting this to the California State Bar.

My questions are as follows: Is there any benefit for pursuing this or is this simply more trouble than it is worth? I doubt she can sue for damages---can she?

Nathan’s Answer

The benefit is that discipline may be incurred, with the possible requirement of restitution or even recovery from the client recovery fund depending on the specifics. But this lacks the punch of a complaint for malicious prosecution for example, but even then, such a complaint can be met with an Anti-SLAPP. "Quite certain...scare tactics" may not be enough unless you have very strong evidence since California is liberal to pleadings up to a point. Contact an attorney to see if that point was reached.

Paralegal ethics question. Is there a conflict of interest?

I recently got a second job as a virtual legal assistant. My new attorney asked me to work on a pleading, at which point I learn that he is representing a client who also uses the services of my main attorney. I know if my new attorney was representing the party suing the client then it would be a conflict, but I'm not sure since both my attorneys represent the same client. I emailed the virtual attorney, but haven't received a response yet.

Nathan’s Answer

Client is free to choose any counsel they want - it helps if counsel are apprised especially if they are working on the same matter or issue.

Can I file ethics charges against an attorney who lied in negotiations and in a court filing dealing with a major issue ?

I am on the Board of a HOA which is now being sued by a homeowner concerning our restriction on the renting of guesthouses. The opposing attorney in discussions prior to the homeowners lawsuit continually stated the homeowner rented his guesthouse and that the 5 year statute of limitations had run on enforcement of that restriction. The Board was not aware nor were the neighbors. Homeowner files for declaratory judgement to allow him to rent and that the SOL had run stating continuous rental of 6 years. On deposition of homeowner, he admits to having rented the guesthouse for 3 days in 2014, no other time.

Negotiations and pleadings on this material issue were a complete lie. Can I file ethics charges with the bar? Under California Business Code it is a misdemeanor>

Nathan’s Answer

Is litigation still active? Does your side have counsel? What did counsel respond in opposition to opposing counsel's pleadings? An ethics complaint by an opposing party might not have real traction unless you can prove that pleadings were a sham upon the court, but proving that is a tall order. You might want to speak to fresh counsel to review what you are specifically talking about since the facts seem a bit more detailed than an online board's responses by various counsel can really provide. But you'd have to determine if that is worth the cost of the attorney's time. HOA's can be targets for lawsuits and depending on the size of the HOA, it may or may not be worth it to keep the fight going.

I printed my name on a notice to appear. Cop wanted what was on my license. Did he delay the stop?

I printed my name on the notice to appear. The cop demanded I sign like it is on my license. I asked where in the code it states my signature must match my license and he couldn't answer. A backup officer said she knew the answer but also could not answer. I was ultimately charged with delaying an officer (PC § 148(a)). Did I really delay the officer? Couldn't the officer, not finding my signature satisfactory, simply had me place my right or left thumb print on the Notice to Appear and release me. That is an option for him via VC § 40504(a). Aren't they considered expert witnesses in traffic enforcement? By demanding my signature match my license didn't he illegally extend the traffic stop in violation of Rodriguez v United States 575 U.S. ___ (2015) (No. 13-9972)?

Nathan’s Answer

This case is interesting because had you refused to sign outright, the outcome could have been very different, but you did identify yourself for the notice to appear. A notice to appear is an interesting creature, in that it is not a verified complaint (even if it alleges it is one by the judicial council (separation of powers?)), yet you are still asked to plead guilty or not guilty to it at a later arraignment, even though it's just a notice to appear, not a notice to plead. It was not prepared by a prosecutor's office, and most judges in traffic court, since they are commissioners only, and not elected or appointed by the people or the executive branch, cannot under the government code, sua sponte verify a complaint by transmuting the notice to appear before their court. So given all the holes in a notice to appear to begin with, I'm not sure you being asked to sign it in a specific manner by an officer may have been at all appropriate since officers certainly aren't in the business of perfecting the verifying of complaints. Their job is to ask you to sign and if you do great, and if you don't, well then they have other enforcement mechanisms. But again, perfecting of the signature? I don't think so.

RN with a second DUI -- got a letter I don't understand. Do I need a lawyer now?

I'm an RN in California. I recently (last month) was convicted of my second DUI. My first DUI was in 2007. I got my license back in 2009 and have never had a problem with the BRN.

I just got a letter in the mail offering "diversion." I don't know what this means or whether I should go, and it scares me because it says I will be "investigated" if I don't go to diversion. Should I tell the BRN about my DUI now? My renewal is due in 2016. Is it okay to ignore this letter from the Board?

Nathan’s Answer

A second DUI may reveal a substance abuse problem. You may benefit from diversion. On the other hand, diversion can be costly, and even detrimental to someone who say, has mental afflictions other than substance abuse problems. The issue is not whether to respond or not as many may have assumed, but rather, to have the assistance of counsel to help you determine if Maximus is appropriate for you in your specific situation. It may or may not be depending on your specific facts. A proper response to the diversion offer, if any, can be constructed after such an assessment has been made with counsel's advice.

Is this in violation of HIPPA?

A medical facility I visited in January for my son has been sending bills to the wrong address. I have called in 7 times and advised them to stop and I informed them of my address. They said they changed it in their system as I have not received a bill yet. Just yesterday I found out that 3 more bills were sent to the wrong address and I have yet to receive anything in the mail from them. I am now to the point where I am willing to pursue legal action against them. What are my options?

Nathan’s Answer

There may be nominal damages of around $1,000 for each violation. The law does not differentiate between medical information of a minor and an adult unfortunately. Also, without proving further damages, the case may not be worth it for counsel to pursue.

RN charged with DUI. If charges are reduced to reckless driving, how will that affect my license?

I was pulled over going around a turnabout, and had drank 2-3 cups of beer, the last one being about 1.5 hours prior to driving. After passing the field sobriety test, I was asked to perform a breathalyzer, which resulted in 0.122%, and 2 minutes later 0.123%. The officers repeatedly commented that my cooperation was very appreciated, and would reflect positively on my court case. They also said my career would reflect on my penalties in a positive light. On our initial stop at a CHP outpost, they performed another breathalyzer, which resulted in 0.10%. The arresting officers said there was a chance the charges could be reduced to reckless driving. If that is the case, what's the impact, if any, of that on my nursing license?

Nathan’s Answer

Alcohol consumption has been determined by our courts in California to be connected to fitness as a health care professional. A conviction to a lesser crime, that of "wet reckless" even if possible, will not necessarily change the BRN's analysis since the event is so fresh. Their analysis will depend on how you approach queries from the BRN. For the BRN, this is not just a matter of what you get convicted of. This is a matter of what they feel may be a substance abuse problem, and one that possibly endangers the public in a health setting as much as it does on the roads. Correspondence with the BRN is best done with qualified counsel overseeing your declarations.

Can i sue my counselor and the rehab treatment center?

I was a client at a rehabilitation center and was assigned to a male counselor since they didn't have any female counselors. I developed a close relationship with him and other clients in the facility had seen me hop in his car and reported it to the owner of the faculty and nothing was done to him but a talk. When he left that treatment facility to work at another one he told me that i should follow him because i wasn't going to benefit from the place where i was. I followed and right after i relapsed and called him the night of and he came and picked me up and took me to his house while i was under the influence and told me i could sleep at his house and woke up to him touching me.

Nathan’s Answer

The fact you were seen hopping into this car and chose to follow him to another treatment center and called him and allowed him to pick you up are concerning. The fact you woke up to being touched is also concerning. However such facts alone are not enough for any attorney to accurately give their opinion. You should contact counsel in person or over the phone for a proper consultation after a thorough review of facts.

Can a Nurse Practitioner refuse to give prescription for birth control because of personal and religious beliefs?

My 21 year old daughter needed a prescription, she is in now in the Philippines until November 18, 2015 without her prescription.

Nathan’s Answer

Assuming the NP could safely and validly prescribe, why wasn't an alternative prescription source sought? California is saturated with clinics that offer free birth control. She is also still free to obtain such a prescription overseas under qualified medical authority.