The first place my clients usually hear about the opportunity for a Stipulated (negotiated) Settlement is in the Statement to Respondent. The Statement to Respondent notifies the Respondent that they can contact the attorney for the Board or the Agency to negotiate a settlement offer. In addition, the Statement to Respondent suggests that obtaining legal counsel is optional and not necessary.
From a licensing lawyer’s point of view, attempting to negotiate with the attorney for the Board or Agency without a lawyer is like representing yourself if you had a DUI charge in criminal court. You can do it, but the results may not be what you intended. Licensing lawyers have years of experience with cases just like yours and know what is necessary to get the best possible settlement offer.
Generally, we enter settlement negotiations after we have gathered substantial mitigation and rehabilitation evidence from our clients. We prepare that information into a packet and send it to the Board’s attorney for consideration and for them to pass it onto the Board for their consideration. Once reviewed, we begin negotiating the best possible settlement for our clients.