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[NH] Can a nurse’s attorney contact me directly and ask me to withdraw a case I filed with the Nursing Board?

Liz
Liz

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Understood. It's not uncommon for the subject of a complaint to have legal representation. However, any communication from an attorney should remain professional and not exert undue pressure or intimidation.

If you feel uncomfortable with the tone or content of the emails, this could be relevant to the board's understanding of the situation. You could also contact the bar association to make a complaint. (NH Rev Stat § 311:8)

New Hampshire Attorney Discipline System

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I filed a complaint to the board of nursing in New Hampshire about a nurse I worked with. I had an attorney reach out directly to me (the complainant) via 2 separate emails: one stating the attorney was “helping the client write her case” and asked if I wanted to withdraw my complaint, another email was asking about an extension. The emails felt unprofessional and borderline intimidating. I wanted to know how to go about this. My HR at work is aware and is upset by this.

Lexi

Lexi, Chatbot

I understand how concerning it can be to receive intimidating communication regarding a complaint you filed. Have you documented the emails and any other interactions with the attorney?

Yes, I have the emails documented.

Lexi

Lexi, Chatbot

Have you discussed this situation with your HR department, and what steps have they suggested you take?

I did, they said they would handle it on their end. I wanted to know if I was able to take this to an attorney myself.

Lexi

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your complaint process.

Yes.

Liz

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, this service provides legal information only. No attorney-client relationship is formed from our conversation. So I can best help, did they say why you should withdraw your complaint?

"I am writing to introduce myself as your colleague's counsel. She has asked me to help her prepare a response to your complaint that meets the Department of Enforcement's requirements and best explains her view of events. Before I expended more time and cost to your colleague in drafting the Response, I thought I might reach out to you to ask if you still wanted the complaint to proceed.

Of course, it is your right to keep the complaint in place and move forward with the investigative process. I just wanted to let you know that withdrawal is also an option and that I do not foresee any withdrawal on your part bringing about any consequence to you. I didn't want the parties to continue to spend time and energy on this only because of mistaken belief that there is no way to un-ring the complaint bell, so to speak. If you have questions on this, let me know.

Thanks and I will not bother you any further, but if you would like to talk to me, I am happy to speak with you or just listen if you would prefer. You can reach at this email or by phone below, anytime.

I replied back 'Yes, I'd like to proceed.'"

Liz

Liz

That is suspicious, as it seems like they were implying they'd seek attorney’s fees.

The other email was talking about a 30-day extension regarding the trial, but I nor my HR has no idea about any of it.

Liz

Liz

With the extension, that email is actually normal. They have to try and get you to agree before seeking an extension from the court.

I never responded to the extension email, my HR told me not to.

Liz

Liz

Got it, thanks for sharing that. It's good that you're keeping your HR in the loop. You don't have to respond back necessarily if you have nothing to say. She can file if she needs more time without your consent.

Should I respond back to the extension email? I wasn't even aware there was a trial. HR has been reaching out to her attorney trying to get info and they won't respond to her, but they emailed me directly.

Liz

Liz

Is HR being notified?

HR is aware and notified of everything that was sent.

Liz

Liz

Have you filed anything in court?

I've not filed anything in court, just to the Board of Nursing.

Liz

Liz

Is the trial with the board?

I'm assuming the trial is with the board. She's also trying to file racial discrimination against the workplace, which is not the case either. New Hampshire Attorney Discipline Office

Liz

Liz

Understood. It's not uncommon for the subject of a complaint to have legal representation. However, any communication from an attorney should remain professional and not exert undue pressure or intimidation.

If you feel uncomfortable with the tone or content of the emails, this could be relevant to the board's understanding of the situation. You could also contact the bar association to make a complaint. (NH Rev Stat § 311:8)

New Hampshire Attorney Discipline System

Liz

Liz

43,836 satisfied customers

Liz
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