Spital & Associates

09/02/2024

Help for an Investigation: Government or Employer meeting, interview, or conversation.

First, we acknowledge and understand this type of a situation is challenging for you. Frankly, it would be difficult for anyone under the circumstances, particularly because of the uncertainty associated with a government or employer Investigation. It makes little difference whether it is called a meeting, interview, conference or conversation, Interrogation is the actual and proper title. Since we understand how problematic, agonizing and potentially unmanageable this has been and/or will be for an individual, we recommend, as we do in many clients’ cases, to also consider the various forms of counseling and support to regain one’s strength and positivity to remain focused on making good career and personal decisions.

Second, we have decades of experience. A perusal of my profile includes in 1970 when I was chosen a Deputy Attorney General. Being a prosecutor for Regulatory Agencies provided me with a heightened level of knowledge that existed due to the intimate relationship working with Investigators who served on behalf of over three dozen State Agencies. Their protocols and mindset became indelibly etched in my brain. Since 1978, working on the defense of these matters, I brought and expanded on these unequaled skills, knowledge and expertise.

As a team with my Senior Associate Attorney for well over twenty (20) years, we have applied these uniquely learned principles and methodology, combined with our personal characteristics, energy, drive, creativity and desire to be the best of the best in what we do. Every case is different because each client experiences different thoughts, feelings, attitudes, along with (perhaps) physical and emotional pain. But everyone shares the same desire and dream to have their lawyer truly care about them individually. With us, we also go beyond these issues by focusing on our role as a champion of our clients’ CAUSE, and knowing their situation is “enormously important.”

Third, having us communicate on our clients’ behalf, you have this “double” layer of protection As we address and communicate with the investigator on an ongoing basis, we are insulating our client from “saying or doing anything that can and will be used against you.” Building an effective and compelling written and lengthy Legal Brief is our ultimate reward. As to certain cases or situations, the intervening period of time allows us the opportunity to influence each client to be laser focused during this stage of the case: To grow and improve their career, take relevant courses, develop an interest in additional professional/occupational goals and opportunities, read articles and treatises to regain strength, peace of mind, and self confidence, send an email and obtain an extended teleconference at a mutually satisfactory range of time, seven (7) days a week, with my devoted team of lawyers, with legal advice from an accomplished and seasoned lawyer you can feel her/his heart and sole are behind you and genuinely have your back, thereby acquiring safeguards, procedures and policies to demonstrate your law abiding nature and intent, etc.

These proactive measures should give you a sense of confidence that you are going in the right direction and, therefore, be more prepared in the event of any future follow up. In addition you will have the opportunity to improve and develop your personal knowledge and skills. at the same time. We are cognizant there could be unintended consequences such as a civil or criminal case, a subpoena for you to testify &/or produce documents, the filing of an Accusation or Interim Suspension Order (immediate Cease and Desist from working in your chosen area of practice. While it may not be the most comfortable position for you, it does provide a level of vigilance and motivation to make changes now and to serve you well as you flourish in your career and become more healthy and mature intellectually. Essentially, you can be laser focused with us to build and develop a pattern of legally significant facts along with persuasive mitigating factors to demonstrate WHO YOU REALLY ARE.

All of this in combination and individually can serve as an umbrella of protection as well as minimize and marginalize any negative claims, allegations, inferences and conclusions. Although this may not seem a “quick fix” you might dream of, there really is no way to force the Investigator to disclose or share what (s)he knows, what (s)he is doing, etc. And finally, we cannot guess or predict any outcome in such a case. What we do is to focus on each step, help each client make objective choices as we provide alternatives with the pros and cons, so you can participate in the decision making process; responding when required; and, monitoring the current status and direction the case takes. We level the playing field. As such and after reading this, we fervently hope you will send us an email or call, to find out how you can use this valuable time to have trust and confidence in the interim, following the written outline and steps we recommend to improve your personal situation and practices.Wishing you the very best, Sam Spital, Managing Attorney.


NOTE: This is designed for general information only. Any information you obtain from this BLOG should not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should consult an attorney for information on obtaining formal legal advice.

03/29/2024

CHOOSING THE RIGHT LAWYER

The choice of a lawyer is an important decision, and it should never be based solely upon the attorney’s fee. Before making your choice of a lawyer, you should give your situation careful thought.

It goes without saying, the selection of an attorney is an important decision. Our clients favor our “natural” ability, “art of communication; “art” of negotiation; proactive, relevant, resourceful, passionate, and formidable characteristics to obtain continuing winning results; along with utilizing a methodology to craft a compelling presentation. Every case is different and must be judged on its own merit. While past performance cannot be used to predict a result for a particular case, we also have an unprecedented 325+ “five-star” client reviews and attorney endorsements, along with being the unmatched recipient of the “CLIENT’S #1 CHOICE AWARD” for 18 years in a row, 2007 thru and including 2024.

We know how important it is to have trust and confidence in your attorney as (1) she/he provides advice and representation; (2) her/his willingness and desire to maintain communications with YOU on an ongoing and priority basis; (3) coordinate obtaining percipient witness statements; as well as (4) all of the legally significant facts, principles, and issues; along with (5) relevant legal documents (6) to develop a persuasive defense and critical “offense;” (7) provide a written and detailed action plan to you within 5-7 days of being retained; (8) perform the pivotal research and analysis; (9) implement a laser focused strategy; (10) build and present a comprehensive and lengthy (50-75 pages) written and compelling legal argument; (11) handle all written and verbal communications with the government; (12) assist in obtaining a “highly credible and persuasive expert” for you to retain; and, (13) communicate with that expert on your behalf regarding his/her action plan concerning your case.

Continued: click

Read the latest blog posts from Samuel Spital & Associates

02/05/2024

Imagine someone who truly understands and cares about the challenges one faces with personal, health, family and perhaps financial issues, along with their life, vocation or professional career.

We do not compromise by superficial verbal or written communications with the opposition. We get respect for our methodology, winning defense and offense. We bring to the table five (5) decades of utilizing a pivotal strategy, focusing on the legally significant facts and relevant principles.

Moreover, we have the enlightenment, natural ability and character traits to identify and underscore our clients’ unique and exceptional qualities, personality, knowledge and skills. We go beyond money to produce ethical, reasonable and proper results, FOR OUR PROFESSIONAL AND OCCUPATIONAL LICENSE CLIENTS.

Free Preliminary Lawyer Teleconferences

Statewide California Professional License Defense, San Diego Criminal Law Attorney, Personal Injuries, and Civil Litigation Defense.

11/13/2023

https://www.avvo.com/attorneys/92108-ca-samuel-spital-248191/reviews.html

Saved my career
5.0 stars
Posted by Derrick November 9, 2023
Making this phone call to Sam was the hardest and most humbling experience I had ever had in my life. I had made a dumb mistake and put my RN license in danger. I never expected Sam himself to pick up the phone when I called and he right away began to calm me down he cared about who I was and wanted to know about my life and family not just what had happened. We shared stories and by the end of the conversation he had already outlined a plan on how we would approach the board. He even gave me a set of questions and directions for the attorney I had out of state handling my criminal matter. He knew what this career meant to me and the outcome of case shows it. I had NO accusation, NO discipline, NO citation and, NO fine with the BRN
Sam thank you from myself and my family !

SAN DIEGO, CA attorney Samuel Spital - read reviews from former clients.

10/28/2023

Should a Nurse File a Disability Claim?

Some attorneys may caution against a nurse filing a disability claim since a “disability alone” (by itself) can be the basis for the BRN to seek disciplinary action against an RN, including issuing an Interim Suspension Order (ISO), which is to cease and desist working during a pending suspension. On the other hand, an individual may be physically and/or emotionally disabled and, therefore, (s)he may decide to file a disability claim, which may constitute a reasonable and proper decision.

Th role of an effective lawyer is to establish the good judgment of a nurse and/or marginalize or refute a claim of wrongdoing, incapacity or unprofessional conduct. In other words, produce evidence of the nurse’s personal qualities and characteristics along with her/his relevant knowledge and experience enabling the nurse to form appropriate opinions and make reasonable decisions. In a somewhat isolated situation, a nurse may be unavoidably disabled, choosing to make that decision, which might be the right course of action for him/her.

First, it is best for YOU to consider all of the legally significant facts.Your lawyer should provide advice after a complete analysis and pivotal strategy (methodology) in which a decision is made or an opinion rendered on a case-by-case basis. Your attorney should refrain from making generalizations, setting a blanket rule or engaging in what may constitute a common practice; instead, you want a lawyer who appies logic and reasoning to each fact situation.

Second, the report and diagnosis by a competent (qualified) physician is relevant.

(A) Before requesting a report, it would be helpful to have a nurse provide to his/her lawyer a written summary of what the physician said.

(B) In addition, with the client’s written consent, having a teleconference between the lawyer and the physician at the outset may provide more clarity.

Third, the range of acts or omissions [such as specific activities, tasks, etc.], being restricted are relevant to one’s ability to work. In other words, how broad the work limitations or restrictions, the length of time being considered or proposed, and whether and what duties and functions that are permitted, if any, would also be relevant.

Almost any contact by the government can be stressful, intimidating and/or uncomfortable. A similar feeling may exist in the environment in which a nurse is employed. That is why a nurse should obtain a complimentary extended teleconference with an experienced and highly accomplished attorney. The goal is to provide the pros and cons, alternatives, and unintended consequences for the nurse to make an informed decision on how to proceed.

It may be extremely helpful to also obtain a consult or few sessions with a therapist to help deal with the situation, promote good choices and make better decisions, be able to concentrate on the duties and functions of a nurse at work, and to be able to obtain restful patterns of sleep.

You are invited and welcome to obtain a complimentary and preliminary teleconference with Attorney Sam Spital, who is available seven days a week, approximately 8:30 am to 8:30 pm.

11/07/2022

As part of more than 100 new pieces of legislation, on September 29, 2022, California Governor Gavin Newsom signed AB 1949. Effective January 1, 2023, AB 1949 adds section 12945.7 to the Government Co...

03/28/2021

Five Common Misconceptions About Professional License Defense Attorneys
No one should gamble on their career.
When clients call us, we hear of countless errors, omissions, and challenges in their case, whether they had the courage to handle it on their own or hire a lawyer. Hence, it is critical that YOU learn about the material facts and operative legal issues that are deemed essential to the California Regulatory Agencies. Additionally, you want to obtain the maximum benefit from retaining a Professional or Occupational License Attorney.
Therefore, it is best to perform due diligence and research of the prospective lawyer by looking in advance at a national directory, such as www.avvo.com, to obtain each lawyer’s rating; number, nature and recency of “5-STAR” client reviews; endorsements by other lawyers; number, type, and recency of national awards; full resume, including number of years in practice; law school graduated; lawyer’s articles and/or books written; lectures presented by the attorney; and whether the attorney served as legal counsel for the particular Board, Department or Agency involved.
As such, YOU will then be able to make an objective numerical list of the qualifications, capabilities and written proven success of the attorney from whom you desire legal advice and representation. It is noteworthy, the State Bar of California cautions the public to NOT use past performance as a prediction of future results. Instead, to focus on objective factors. Ultimately, there must be a substantial basis for complete trust and confidence or you may select an attorney that is not effective in what may be a defining moment in your life, now and in the future.
Misconception #1: The attorney’s fee is the most important criteria in hiring a lawyer. That is a false narrative since there are lawyers who seek to handle more cases in order to charge the same or less than a superb attorney. The volume offsets the fees they collect. More importantly, by limiting the professional services, you will at best obtain a superficial end product , if at all; and, a result you do not now or later have confidence was the best possible outcome under all of the facts and circumstances. Clearly, you know there is a difference in a verbal presentation or letter vs. a comprehensive written legal argument, perhaps 60-75 pages in length, supported by exculpatory evidence and other proof submitted on your behalf. In other words, there should be a meticulous process utilized to demonstrate in a forceful and comprehensive manner why and how you should NOT be defined by claims, mistakes and allegations of the past, if any.
Misconception #2: Any lawyer can handle a Licensing case. This is a huge fallacy. Even the advantages set forth above will not be enough if the lawyer of your choice does not have the natural ability, true passion, and relentless commitment to obtain a favorable outcome for YOU. As such, the lawyer needs to obtain all of the facts and scrutinize each of the legal issues; identify and strategize on the points the Regulatory Agency will deem legally significant; obtain one or more credible forensic experts to write a compelling Forensic Report to substantiate the elements, conclusions and inferences that support the attorney’s defense, along with his/her pivotal “offense.”
Misconception #3: What you wish for is what you will get. In Administrative Law, this is a misunderstanding because hope is NOT a strategy. Here again, it is essential you focus upon objective criteria to accomplish your goal(s). Of course, one’s resources are a valid consideration. However, some individuals think primarily about the cost of the legal services, and most frequently do so by NOT focusing on what they have to lose. Nothing is more important than fulfilling your dreams or goals, even when there are or may be challenges. YOU deserve to be content in your personal and professional life. The rewards of achieving what you strive for are priceless. Every day you wake up is sweeter knowing you are doing what you want, no matter what it takes to reach the destination. Srarch for a lawyer who works harder, longer and smarter, rather than choosing a lawyer on the basis of his/her fees alone.
Misconception #4: Hiring a lawyer is a standalone solution. This is a misconception because a lawyer does not work alone. YOU should be an integral part of a well-planned process. You can bring useful facts, generous details and real advantages as a team member. Of course, you want a tough, smart, experienced, and skilled advocate. However, you are also a crucial player in order for your lawyer to level the playing field. The result can be evolving, complete, and effective; just as in the case of an enhanced, compelling, and memorable production, script, story, movie or performance.
Misconception #5:Retaining an experienced lawyer will suffice. Maybe. Possibly. Potentially. However, why settle for less when YOU can have a trusted, respected, and truely superb lawyer who understands the challenges you face with a unique commitment to achieve an outstanding result, even against big government. It starts with a fighter who is a compassionate and dedicated advocate, laser focused on developing meaningful strategies for YOU.
Next Step: Weigh the alternatives, pros and cons, and choose value and benefits over expediency.

Avvo has ratings, reviews, and disciplinary records for lawyers in every state. Get free legal advice, find the right lawyer, and make informed legal decisions.

02/22/2021

A physician licensed in California is required by law to notify the Medical Board of certain specific occurrences. Reporting forms are provided for your use, links shown below. Pursuant to California Business & Professions Code:

§ 801.01(b)(2), a licensee must report malpractice settlements over $30,000 and judgments or arbitration awards of any amount, if the licensee does not possess professional liability insurance. (See Report of Settlement, Judgment or Arbitration Award)
§ 802.1, a licensee must report:
The bringing of an indictment or information charging a felony against the licensee.
The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor. (See Physician Reporting - Criminal Actions)
§2240, a licensee who performs a medical procedure outside of a general acute care hospital, that results in the death of any patient on whom that medical treatment was performed by the licensee, or by a person acting under the licensee's orders or supervision, shall report, in writing, on a form prescribed by the board, that occurrence to the board within 15 days after the occurrence. (See Outpatient Surgery - Patient Death Reporting Form)
§ 2021, each licensee shall report to the board each and every change of address within 30 days after each change. (See Notification of Name Change and Address of Record )

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11/27/2020

Constitutionality of Home Search in Question. On November 27, 2020, Posted by Samuel Spital
On November 20, 2020, the U.S. Supreme Court in the case of CANIGLIA, EDWARD A. vs. STROM, ROBERT F., ET AL. (Case Number 20 -157), granted the Petition for a Writ of Certiorari, which is the procedure in which the Supreme Court is asked by a litigant who is challenging a case (akin to an “appeal”) to review the merits of a lower Court’s Decision.
The underlying case is worthy of note in that the litigant, who is entitled Petitioner, Edward Caniglia, sought to set aside the Decision of the First Circuit of the U.S. Court of Appeals, Caniglia v. Strom, 953 F.3d 112 (1st Cir. 2020), which Court held against him and in favor of law enforcement. The facts of the 2015 case dealt with Caniglia, who was 68 years old with no criminal history and no record of domestic violence; however, he got into an argument with his wife with whom he was married for 22 years and, when the argument escalated, he retrieved an unloaded gun from their residence, and said, “Why don’t you just shoot me and get me out of my misery.” However, the unloaded gun was laid on the table. As might be expected, his wife left their home [and went to a nearby motel]; the next day, she contacted the local police because she told them she was unable to reach her husband when she called.
When the police arrived to perform their “wellness check,” Caniglia told them he “couldn’t take it anymore,” but said “he would never commit suicide.” Shortly thereafter, Mrs. Caniglia entered the home. The officers claimed they had a concern and, therefore, a risk Caniglia would harm himself. After a discussion with he and his wife, Caniglia agreed to be evaluated; then, he was taken by the police to the hospital, where he was seen by a nurse and a social worker. However, Caniglia was discharged the same day, being billed about $1000 for the temporary health services. As part of the police contact, and allegedly having falsely representing to the police her husband had consented, Caniglia’s wife led them to the part of their home where they took possession of his other weapon and the particular gun Caniglia had previously laid on the table.
Thereafter, Caniglia filed a lawsuit in in the U.S. District Court, Caniglia v. Strom, 396 F. Supp. 3d 227 (D.R.I. 2019), in which he alleged the law enforcement officers violated his Constitutional guarantees under Section 1983 of the Civil Rights Act. Essentially, he claimed the police violated the Second and Fourth Amendment, along with the Fourteenth Amendment’s Due Process and Equal Protection Clauses of the U.S. Constitution. In a truly mixed and complex Decision, Caniglia lost on procedural grounds and without a trial on the merits; that Decision was appealed to the First Circuit of the U.S. Court of Appeals, which on March 13, 2020, affirmed the U.S. District Court’s Decision. It is the ruling of the U.S. Court of Appeals that was then appealed by Caniglia’s attorneys who thereafter filed a Writ to the U.S. Supreme Court, as stated at the outset of this Blog.
Under the Fourth Amendment of the U.S. Constitution, we are guaranteed “to be secure ….. against unreasonable searches and seizures,” unless there is a valid Search Warrant or probable cause. The concept of probable cause has a long history and is one heavily litigated by criminal defense lawyers who uniformly claim it requires sufficient proof of a reasonable basis to believe a crime may have been committed or there is evidence of a crime present in the place to be searched. The police had asserted their entry and seizure of the two weapons was justified under their “community caretaking” functions.
Most importantly, the Courts have been deeply divided on the definition and what constitutes the duties and responsibilities of law enforcement to preserve and protect community safety. The U.S. Supreme Court granted the Petition for a Writ of Certiorari because the “community caretaking” exception should be deemed an anomaly to, and a very narrow deviation from, the Fourth Amendment. Therefore, this concept needed to be clarified if law enforcement were to use it, without a warrant, to justify searches that otherwise might violate the sanctity of our homes and undermine the dignity and respect of human life. In granting the Petition, the U.S. Supreme Court stated, “it is the role of the courts—not the police—to decide whether and when an intrusion into the home is justified. ” The Court further elaborated by stating:
“The expansion of an amorphous exception—which, according to the First Circuit, can cover teenage parties, wellness checks, and anything else an officer deems “reasonable” in the name of community care—into that most private of spaces authorizes exactly those intrusions the Founders most feared. And the entrenched split of authority leaves officers without much-needed guidance about the scope of their authority—and citizens without much-needed confidence in the supposed sanctity of their homes” (emphasis added).

The U.S. Supreme Court has accepted this significant criminal case. The Court will eventually put the matter on their calendar to hear arguments and later issue a Decision.

09/12/2020

Is an Exceptional Attorney Essential?
Posted on September 12, 2020 by Samuel Spital

Is there a distinction between essential and exceptional? How essential is it to choose the superb things we do and seek an outstanding result? Is an exceptional attorney essential? Perhaps, many individuals might have been content in utilizing a physician, dentist, accountant, and/or an attorney as long as they were not inferior.

However, is it any different in reading or watching the news, utilizing a barber or beautician, going out to dinner, or watching a movie? When the emphasis is on the desired result, it becomes essential to want a higher standard, receive value and choose exceptional as the significant keyword. In this regard, therefore, the number one criterion in selecting the people we retain (and the things we do), becomes very important; doing anything else, such as what may only be “o.k.” becomes tantamount to accepting mediocre and, at times and at best, this is superficial, inadequate, deficient and, even worse, useless and a waste of time.

I believe the majority of individuals want more, with the emphasis on an effective outcome. Yet, some will inevitably place a greater importance on the cost rather than the potential adverse outcome. In other words, they do not automatically ask “what do I have to lose, such as the priceless time I have, my professional career, credibility and/or personal integrity?” Therefore, with all of this in mind, many do not want “just o.k.” and, instead, focus on exceptional as the benchmark or measurement for the individual with whom they choose to employ and, often, on the things they do with the time they have.

In selecting a lawyer, the same criteria can be critical. The website Avvo provides a profile on all of the attorneys in the United States. Then, one has the opportunity to decide whether (s)he wants an attorney who is exceptional, as well as knowledgeable, skilled and highly experienced, particularly with a proven and written record of ongoing favorable results. For example, it might not at the outset seem as important in choosing a contractor, until one first looks at testimonials to determine whether there are others who have spent their savings or mortgaged their home, only to then experience their contractor departed from the plans and specifications, delayed at great length on the work and/or abandoned the job, not actually completing the project.

In the practice of law, it can make a huge difference if the attorney focuses on a comprehensive approach, paying attention to each of the legally significant facts, doing more than being hurried to get the work done, even with far less insight and strategic steps are planned and/or utilized. It is essential in order to diminish the risk or not gamble on the outcome. Hence, in choosing a lawyer, it is recommended you first evaluate the advantages of requesting a detailed analysis, thorough scope of work to be performed involving, among other things, indispensable steps, such as a risk assessment; an examination of pivotal facts and legal principles; focused research; essential strategizing; and utilizing credible forensic experts to evaluate and provide an opinion integrated into a cogent and compelling report concerning such issues, including those directly or indirectly, related to the standard of care, prudence, fitness, judgment, lawfulness, honesty, moral turpitude, competency, etc.

In summary, what some individuals may have previously thought were unnecessary because they did not think they required selecting an attorney who is exceptional, now are considering the very important criteria and issues as constituting essential characteristics in choosing the best lawyer (and the things they do).

08/02/2020

Compelling and Cogent Legal Arguments
Posted on July 25, 2020 by Samuel Spital

What are compelling and cogent legal arguments?

All of us from time to time have read magazines, newspapers and articles. It strains credulity, however, that far too much of what has been written is not sufficiently balanced to provide the reader with a true and accurate narrative. Even worse are long winded and/or rambling legal arguments some lawyers may assert to the Court or declare in their Legal Briefs, Motions, Points and Authorities, and other written documents. In addition to the necessity to provide interesting, insightful and easily understood writing, these presentations simply do not rise to the level of being deemed “good writing.”

Also, the statements and arguments a lawyer makes should be cogent, which means they should be powerful and effective. A lawyer’s role is to not simply state events in a narrative, but should present compelling arguments that are truly persuasive. Here, articulating facts, circumstances, statements and arguments should, but unfortunately may not always, be convincing.

Whether one is successful in these tasks may be in the eye of the beholder. However, those who spend countless and painstaking hours to think about and analyze their roles and responsibilities before framing what they intend to communicate may indeed have a better opportunity to obtain winning results. Moreover, they can provide the reader with impressive thoughts and ideas. Some may choose to utilize metaphors, insert something humorous and/or use other tools and skills to convey the subject matter and their information. While this may in certain ways be different, the goal is to benefit their respective clients who may thereby realize the outcome they desire.