Clapp Peterson Tiemessen ThorsnessClapp, Peterson, Tiemessen, Thorsness & Johnson, LLC2026-05-18T09:14:13Zhttps://www.cplawak.com/feed/atom/WordPress/wp-content/uploads/sites/1104065/2019/07/logo1-150x134.jpgOn Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[What to do after a client files a complaint with the Alaska Real Estate Commission]]>https://www.cplawak.com/?p=2559222026-05-01T14:04:29Z2026-05-01T14:04:29ZA complaint filed with the Alaska Real Estate Commission can feel urgent and disruptive, but a structured response can make a meaningful difference. Acting quickly, staying organized and avoiding reactive decisions can help you to protect your license and reputation.
The Commission typically provides a written summary of such allegations and may request a response within a specific timeframe. Do not ignore deadlines. Missing a response window can limit your ability to present your side of the story early in the process.As you prepare to meet with a skilled legal team about defending your license, gather important records related to the complaint at issue. Transaction files, emails, text messages, contracts, disclosure and brokerage policies may all become relevant. Focus on creating a complete timeline of events. Inconsistent or incomplete documentation is one of the most common weaknesses in license defense cases. Accuracy matters.
Once you’ve started to take action
It is important to avoid direct contact with the complainant about the issue. Even well-intentioned communication can be misinterpreted or used against you. Keep discussions about the complaint limited to your legal counsel and, if applicable, your broker.Notifying your broker or supervising licensee will also be necessary. Many brokerages have internal procedures for handling complaints and may be required to report certain matters. Coordinating your response ensures consistency and avoids conflicting statements.Preparing your written response is also going to be important. The goal is to address the allegations clearly, factually and without unnecessary emotion. Stick to verifiable facts, reference supporting documents and avoid speculation. Your response will help to shape how the Commission views the case in its early stages.If the case advances, you may face an administrative hearing scenario. Potential outcomes can range from dismissal to disciplinary actions such as fines, required education, suspension or revocation of your license. Throughout the process, having experienced legal guidance can be invaluable. A professional license defense team can help you evaluate the allegations, prepare a strong response and navigate communications with the Commission. They can also identify opportunities to resolve the matter early if appropriate.A complaint filed with the Alaska Real Estate Commission does not automatically mean that you’ll face discipline. With a thoughtful, step-by-step approach, you can protect your professional standing and respond effectively at every stage of the process.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[2 facts to know when facing a dental complaint against you]]>https://www.cplawak.com/?p=2559022026-02-19T16:32:53Z2026-02-20T16:52:53ZUnderstanding the board’s jurisdiction
In Alaska, the board holds broad authority to discipline, suspend or revoke your license if they find you guilty of professional misconduct. Examples include, but are not limited to, the following:
Using fraud to obtain a license
Practicing while impaired by controlled substances or alcohol
Allowing dental hygienists or assistants to perform outside their legal scope of practice
Engaging in deceitful billing practices
An investigation phase will only start when the complaint involves at least one of these acts.
Facing a complaint with mindfulness
Once an investigator confirms that a complaint falls under the board’s jurisdiction, you will receive a notification through a letter, phone call or in-person visit. However, an investigation may occur without notice if the board determines that prior notice would impede the process.
Your actions in this period can significantly affect the status of your license. While you need to respond to a notice, answering it by yourself can put you at risk of making mistakes. Additionally, if an investigator speaks with you, understand that anything you say can be used against you.
Protecting your license with help
When your livelihood is on the line, using a trial-and-error approach can be dangerous. Early intervention is vital, but this requires legal precision. If you are facing a complaint, seeking guidance from an attorney can help in building a defense strategy for keeping your professional license.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Why you should not handle medical board complaints alone]]>https://www.cplawak.com/?p=2559042026-02-13T16:51:43Z2026-02-13T16:51:43ZFacing high-stakes consequences
Although every valid complaint goes through a formal proceeding, this does not automatically guarantee your license’s security. If the Board finds that you have a violation, they may choose one or more of the following actions:
Revoke your license permanently.
Suspend your license for a specific length of time.
Tarnish your public practitioner record with a censure or reprimand.
Put you on probation.
Limit your practice area.
Impose significant civil fines.
However, if the Board finds that you pose a clear and immediate danger to the public, they can immediately suspend your license before a full hearing takes place. In such cases, you must act quickly to challenge the suspension.
Navigating reporting requirements
You have 30 days to respond to a request from an investigator for information, unless a court order mandates a shorter timeframe. Failing to cooperate with an investigation can constitute unprofessional conduct, which could lead to sanctions even if the original complaint was meritless.
If you face this by yourself, you might provide incorrect information that could jeopardize your career. Drafting a response without a strategy can cause you to miss critical deadlines.
Taking action with proper guidance
You invested decades into your education and practice. Choosing a do-it-yourself defense is a gamble you would not want to take.
To protect your license and reputation, consulting an experienced attorney can be a valuable resource. They can help you draft a sound response and prepare for interviews with investigators. Should you face disciplinary action, a lawyer can assist in appealing the decision.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Top 5 reasons nurses face license issues and how to avoid them]]>https://www.cplawak.com/?p=2558712025-05-14T18:22:53Z2025-05-14T18:22:53Z1. Medication errors
Medication errors remain a leading cause of disciplinary actions against nurses. These errors can result from administering the wrong dosage, incorrect medication, or failing to document properly.
Nurses can avoid making the same mistake by double-checking medication orders and dosages before administration and using technology, such as bar-code scanning, to minimize errors.
2. Breach of patient confidentiality
Patient confidentiality is a cornerstone of nursing ethics. Breaching this confidentiality, whether intentionally or accidentally, can lead to severe consequences. Nurses can safeguard patient privacy by familiarizing themselves with HIPAA regulations and hospital policies. It is also wise to avoid discussing patient information in public or unsecured areas.
3. Professional misconduct
Professional misconduct encompasses a range of behaviors, including inappropriate relationships with patients, substance abuse, and unprofessional behavior. It is important to maintain clear boundaries with patients and seek help if struggling with substance abuse.
4. Inadequate documentation
Inadequate or inaccurate documentation can lead to misunderstandings and legal issues. Proper documentation is vital for patient care continuity and legal protection.
Nurses can better ensure they avoid this issue by documenting all patient interactions and care provided. Consistent and thorough documentation practices help nurses avoid potential legal complications.
5. Failure to renew license or meet continuing education requirements
Nurses must keep their licenses current and fulfill continuing education requirements. It is helpful to track license expiration dates and renewal deadlines. Make sure to complete required continuing education courses on time and stay informed about changes in licensing requirements
By staying proactive, nurses can prevent license lapses and continue their practice without interruption.
Nurses face various challenges that can impact their licenses. By understanding the common reasons for disciplinary actions and implementing preventive measures, nurses can protect their careers and continue providing high-quality care. Those who find themselves under investigation are wise to take action. The state licensing board can and likely will move forward with disciplinary action if you do not build a defense to the allegations. You have rights during an investigation and are wise to take steps to protect them.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Steps to take after a legal malpractice accusation]]>https://www.cplawak.com/?p=2558552025-04-28T18:06:15Z2025-04-28T18:06:15Z1. Initial assessment
Upon receiving a malpractice accusation, the first step is to assess the claim thoroughly. Review the case details, the alleged breach, and the potential damages claimed by the plaintiff. You must also gather all relevant documentation and evidence that pertains to the case. This will help you understand the scope of the accusation and prepare an informed response.
2. Insurance notification
If you have a professional liability insurance provider, inform them about the claim. They can offer support and resources, including appointing legal counsel to defend the claim. It is essential to understand the coverage provided under your policy and any obligations you have regarding cooperation and disclosure.
3. Seek legal counsel
It is advisable to consult with a fellow attorney who specializes in malpractice defense. Their expertise can provide valuable insights and help you strategize your defense. They can also assist in facing the procedural aspects of the claim, ensuring that you meet any statutory requirements or deadlines.
4. Communication with the client
Maintaining open and honest communication with the client involved can be beneficial. Address their concerns and clarify any misunderstandings that may have led to the accusation. This can sometimes lead to an amicable resolution without the need for litigation. However, if the claim proceeds, ensure all communications remain professional and documented.
5. Defense strategy
Develop a defense strategy that addresses the specific allegations against you. This may include demonstrating adherence to the standard of care, providing evidence of informed decision-making, or illustrating the absence of causation or damages. Your defense should be clear, factual, and supported by evidence.
Consider mediation to resolve the dispute outside of court. Mediation can be a less adversarial and more cost-effective approach. It allows both parties to discuss the issues and work towards a mutually acceptable solution. If successful, this can prevent the stress and expense of a trial.
If mediation does not result in a resolution, prepare for trial meticulously. This involves organizing your evidence, rehearsing testimonies, and anticipating counterarguments. Work closely with your legal counsel to ensure that your case is presented clearly and persuasively to the court.
Facing a legal malpractice accusation requires diligence and professionalism. By understanding the nature of the claim, seeking appropriate counsel, and engaging in effective communication, you can face this challenging situation with integrity. Remember, resolving these issues protects your professional reputation and reinforces your commitment to ethical legal practice.
]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Alaska high court overturns medical malpractice limits]]>https://www.cplawak.com/?p=492352023-01-18T07:48:59Z2022-12-27T15:31:57ZAlaska Supreme Court threw out some of our state's limits on medical malpractice awards.
The case involved a woman who says she was injured due to medical malpractice during surgery on her gallbladder. She won in her lawsuit seeking compensation for her damages, but her award was reduced under an Alaska law that limits malpractice awards to plaintiffs who have also received insurance payouts and other benefits related to the injury.
The high court overturned that law. The result could mean patients who have been injured through medical malpractice could potentially receive higher awards in lawsuits. However, it does not necessarily mean that medical professionals or their insurers will have to pay more.
Medical malpractice award caps
Most states and U.S. territories have some type of cap on medical malpractice awards.
Alaska caps noneconomic damages at $250,000. Noneconomic damages include such things as pain and suffering. In cases involving wrongful death or severe disability, that cap is lifted to $400,000. There is no such cap on damages in cases involving intentional injury or injuries caused by reckless conduct.
The state allows punitive damages in some cases, but these are generally capped at three times the amount of compensatory damages. Compensatory damages include economic damages such as medical costs and lost wages.
Legal advice in malpractice cases
If you have been accused of medical malpractice, the legal advice and guidance of a lawyer can make a tremendous difference to the outcome of your case. Lawyers with experience in malpractice defense walk clients through the legal process step by step, educating them about what, while protecting their rights.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[What does Alaska require when it comes to meal and rest breaks?]]>https://www.cplawak.com/?p=492332023-01-18T07:49:04Z2022-11-29T18:11:44ZAlaska’s laws on meal and rest breaks
The laws pertaining to rest and meal breaks depend on a number of factors. For example, if you employ a minor, then you’re required to provide at least a 30-minute break if the minor is going to work for five or more hours.
The rules are significantly different for work workers who are 18 and older. For these individuals, you aren’t required to provide a break, but if you do provide one that lasts for less than 20 minutes, then you’re required to pay for the break.
You don’t have to pay a worker for a meal break so long as it lasts more than 20-minutes. You’ll have to be careful here, though, to ensure that you’re not asking the employee to work during that break. If you do, then you’re required to pay them for that meal break.
Do you need help navigating your employment law issues?
Your business can face a plethora of employment law issues as time passes, including those pertaining to violations of meal and rest breaks. If you come face-to-face with any of those challenges, then you might want to consider seeking out legal assistance as doing so is probably the best way to protect your interests, your reputation, and your business’s bottom line.
]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Defending against claims of attorney-client privilege violations]]>https://www.cplawak.com/?p=492312023-01-18T07:49:10Z2022-11-18T08:09:45ZKey points about attorney-client privilege
Under Alaska law, when there is confidential information shared between a client and their attorney, the client has the right to refuse to disclose it to others. This is true if it is between the client or the client’s representative and the lawyer and the lawyer’s representative and any combination. The client can claim privilege as can their guardian, conservator, and a personal representative for a client who has died. The attorney is bound by this.
There are, however, exceptions. If there is crime or fraud and the lawyer was retained or used to help with that behavior, it will not be subject to this rule. It is also not applicable when it involves claimants through the same deceased client. If it is communication linked to a breach of duty committed by the attorney against the client, if it is a document that the attorney attests to, or if the communication is between two or more clients who retained or consulted together with the attorney, it is not a violation.
Professional malpractice claims must be vigorously defended with specialized help
Although the law is clear and attorneys will be fully cognizant of the tenets of attorney-client privilege, that does not mean clients will not make accusations that their attorney violated it in some way. Many cases might sound obvious as to whether this happened, but there is nuance to any claim of professional malpractice.
Legal professionals who are confronted with this could face sanctions and large payouts. It could negatively impact their ability to practice law. Calling those who specifically handle these types of cases can address the claim head-on and find solutions with an effective defense to protect a fellow attorney’s job and reputation.
]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Ethics complaints for real estate professionals]]>https://www.cplawak.com/?p=492282023-01-18T07:49:20Z2022-11-03T20:45:45ZRealtor ethics
The National Association of Realtors is one of the nation's largest groups of real estate professionals and claims to have one of the nation's oldest professional codes of ethics.
The association encourages its members to resolve disputes through informal means such as mediation. In some cases, this can be achieved with the help of a local board of the association. If that approach fails, it has an internal system for resolving ethics complaints.
Note that the association can only handle an ethics complaint against one of its own members. Cases involving a complaint against another professional must go through that professional's association or through the courts.
Defending against ethics complaints
If you are a real estate professional who has been accused of an ethics violation, you may fear for your career. It's hard for a professional to recover with a mark against them.
Even if your case is not going to court, it may be wise to seek out help from attorneys who have experience in professional license defense. Skilled attorneys can advise you on your options for protecting your career and your reputation.]]>On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC<![CDATA[Tips for preparing for mediation in your malpractice case]]>https://www.cplawak.com/?p=492262023-01-18T07:49:24Z2022-10-21T10:25:11ZTips for preparing for mediation
Before you head into mediation, you need to be adequately prepared. What does that entail? Here are some tips that you may find helpful:
Be prepared for the other side to be aggressive in its negotiation tactics.
Avoid giving out any financial figures, regardless of the context, until you’re ready to make a formal offer, as doing so may cause the other side to latch onto it as an actual offer.
Don’t be overconfident, as that may cause the mediation to prematurely fail, forcing you into litigation that you might otherwise want to avoid.
Have a true understanding of the potential value of the plaintiff’s claim.
Make sure you have a list of things that you must have coming out of mediation.
Of course, you’ll need to make sure that you have an understanding of the evidence before you head into settlement so that you know how to argue your case to the mediator and the other side. There may be other things that you’ll want to do before you head into mediation, too, which you can discuss with your attorney.
Crafting the legal strategy that’s right for you
There’s no one-size-fits-all approach to a malpractice claim. Your specific approach is going to depend in large part on the specific facts of your case. So, if you want to ensure that you’re developing the strongest legal strategy possible under your circumstances, you may want to reach out to an attorney who is well versed in defending these types of claims.]]>