On The Record . . .
Official Newsletter of BERTOLINO LLP

June 2025

Facebook  Twitter  Linkedin  Youtube  

Our Firm


Tony R. Bertolino, Esq.

Managing Partner


Sheri L. Middlemas

Chief Operating Officer


Troy Beaulieu, Esq.

Director of Legal Services


LaJuana Acklin, Esq.

Senior Associate Attorney


Kerry Bloodsaw, Esq.

Associate Attorney


London de la Teja

Accounts Receivable Manager


Melissa Hooper

Team Lead, Paralegal [Certificated]


Cimone Murphree

Project Liaison


Jasen Dalus

Client Success Liaison


Donald Collora

Client Success Intake Specialist


Dena Lackey

Marketing Specialist

Your License.

Your Livelihood.

Your Defense:

FAQs for

Texas Occupational Professionals Facing Disciplinary Complaints


By Tony Bertolino, Esq.

If you hold a professional license in Texas, whether as a dentist, pharmacist, EMT, engineer, social worker, funeral director, or in another regulated field, your occupational license is more than a credential. It is your career, your livelihood, and your professional reputation. But what happens if your licensing board receives a complaint about you?


Drawing on over 20 years of experience defending Texas professionals in licensing board matters, I have seen firsthand how even a single complaint, valid or not, can disrupt lives and careers. The following frequently asked questions are based on common issues that arise in occupational license defense cases. However, these are general observations and may not apply to every situation. If you are facing a board complaint, the specific facts of your case and the unique policies of your licensing board will ultimately shape the process and outcome.


1. What is the role of my licensing board?


Each professional licensing board in Texas is tasked with protecting the public by regulating its licensees. Agencies like the Texas State Board of Dental Examiners, the State Board of Pharmacy, the Department of State Health Services (for EMTs), the Behavioral Health Executive Council (for counselors and social workers) and others investigate complaints, enforce professional standards, and issue discipline when warranted. They are not there to defend or guide you.



2. Who can file a complaint, and why?


Anyone can file a complaint. Patients, clients, colleagues, supervisors, competitors, and even anonymous sources may initiate the process. Grounds for complaints vary but often include:


  • Alleged violations of professional standards or ethics
  • Documentation or billing errors
  • Substance use affecting professional duties
  • Criminal charges or convictions
  • Boundary violations or unprofessional conduct
  • Regulatory noncompliance or continuing education lapses


Boards are legally required to investigate all credible complaints, even those without merit.


3. Should I speak directly to the board to explain?


No. Communicating directly with the board can be very risky. Licensed professionals sometimes unintentionally admit to a violation or make statements that are later used against them. Boards are investigators and regulators, not allies. All communication should be strategic and, ideally, handled through experienced legal representation.


4. What should I do when I receive a board complaint?


Act immediately. Most boards give you a short window, often 15 to 30 days, to submit a written response. Your initial response, whether orally or in writing, can significantly influence the board’s decision to dismiss the case, propose a settlement, or move forward with formal disciplinary action. Do not ignore the complaint or delay your response.

In my experience, professionals who respond quickly and carefully, with guidance, often achieve better outcomes and avoid the most serious consequences.


5. What happens after I respond?


Once your response is submitted, the board may:


  • Dismiss the complaint
  • Conduct a full investigation
  • Offer an Agreed Order or settlement
  • Refer the case to a formal hearing at the State Office of Administrative Hearings (SOAH)


During investigations, boards gather documentation, interview witnesses, and review your records. If formal proceedings are initiated, you may have the opportunity to present evidence at a hearing.


6. What types of penalties could I face?


Of course, sanctions vary by board and depend on the nature and severity of the alleged violation. Common disciplinary actions include:


  • Written warnings or reprimands
  • Administrative fines and penalties
  • Probated license suspensions with conditions
  • Active license suspensions
  • License revocation
  • Required continuing education, peer assistance, or monitoring
  • Remedial plans, in limited, non-disciplinary cases


Some boards also publish disciplinary outcomes publicly, which may affect your professional standing.


7. Can my case be resolved without formal discipline?


Generally, yes. Some boards offer non-disciplinary alternatives such as remedial plans, conditional letters of agreement, or informal warnings, which may or may not be reported publicly. These resolutions are often available for minor infractions or first-time issues and can help preserve your professional record.


In fact, I have helped numerous professionals resolve cases informally before a hearing was ever necessary, and sometimes even before a full investigation was launched.


8. What professions does this process affect?


This disciplinary framework applies to a wide range of licensed professionals, including, but not limited to:


  • Dentists, dental hygienists, and assistants
  • Pharmacists and pharmacy technicians
  • EMTs, paramedics, and other EMS personnel
  • Engineers and land surveyors
  • Funeral directors and embalmers
  • Licensed professional counselors, social workers, therapists, and psychologists
  • Veterinarians
  • Child care administrators
  • Certified Public Accountants


Each board follows its own adopted process. However, the general structure of complaint, investigation, response, potential hearing, and sanctions is consistent across all professions.


9. Can I keep working during a disciplinary investigation?


In most cases, yes. Unless the board believes you pose an immediate threat to the public, you can usually continue practicing while your case is under review. However, some boards, such as HHSC, TBVME and others, have the authority to impose emergency suspensions in urgent cases.


Conclusion


If you are a licensed occupational professional in Texas, a disciplinary complaint is not just a bureaucratic inconvenience. It is a direct threat to your license and career. These FAQs are intended to offer a broad overview of common issues that arise, but every case is unique. The facts, context, and regulatory nuances in your matter may lead to a very different experience. After two decades of representing professionals in cases like these, I can say with certainty that the earlier you understand the process and take appropriate action, the better your chances of protecting what you have built.

From Copier Overseer to Strategic Overlord:

The Glorious Evolution of the Law Firm COO 

by Sheri Middlemas

A comical yet realistic look at the evolution of law firm governance and oversight. 

 

Today, I write to you not just as your friendly neighborhood Chief Operating Officer, but as a proud survivor of what I like to call The Great Admin Renaissance – that exciting era when the role of COO in a law firm evolved from “person who knows why the coffee machine keeps flashing ‘ERROR 47’” to “person who ensures the entire firm doesn’t flash ‘ERROR 47.’” 

 

Let us journey back in time (cue the legal time-travel harp music) ... 

 

The COO: Origins of the Species 

 

In the early days of boutique firms, the title of COO was often bestowed upon the brave soul who could juggle office leases, printer leases, and the occasional lease of sanity – usually while also ordering lunch and deciphering the Wi-Fi password scrawled on a sticky note from 2007. 

 

Back then, the role was more reactive than strategic. The COO kept the lights on (sometimes literally, by flipping the breaker), paid the bills, and was everyone’s go-to when the firm ran out of binder clips or coffee (equally urgent emergencies, depending on the client load). 

 

The Modern COO: AKA “Chief Orchestrator of Order” 

 

Fast forward to today. The COO of a modern law firm – especially one as finely tuned and mission driven as ours here in Austin – wears many hats, all of them fabulous and often metaphorical. 

 

Now, the COO is: 

 

  • A strategic partner to leadership, helping drive firm growth with an eye on efficiency, culture, and client experience. 

 

  • A data wrangler, translating key metrics into meaningful decisions. (No, “How many times has Greg microwaved fish this month?” is not currently tracked… but it could be.) 

 

  • A culture curator, ensuring that while we are fierce in our defense of clients, we are also kind, collaborative, and maybe even a little fun (yes, I did approve that karaoke night, and no, I won’t apologize for it). 

 

  • A technology whisperer, keeping us ahead of the digital curve without losing our collective minds to login fatigue or “unexpected system errors.” 

 

 Why It Matters to You 

 

A well-supported firm is a high-performing firm. When operations hum like a well-oiled espresso machine (don’t worry, I’ve got the service contract covered), attorneys can focus on what they do best: advocating for our clients with precision, passion, and persuasive flair. 

My goal is to make your work work better – with streamlined systems, a smooth infrastructure, and a sprinkle of workplace joy. Whether we’re navigating regulatory hurdles, onboarding a new associate, or finally figuring out who keeps stealing the good pens, the COO role is here to make it all happen behind the scenes … and sometimes, center stage with a mic and a “strategic plan” PowerPoint. 

 

In Conclusion 

 

The evolution of the COO in law firms is more than just a title change — it’s a testament to how our profession is growing, adapting, and getting sharper in every way. Gone are the days of reactive operations. The modern COO is here to build, to innovate, and occasionally to make everyone laugh at the all-hands meeting (I hope). 

 

So next time you see me tinkering with the case management software or giving kudos to someone after a team meeting, remember — we’re not just running a law firm. We’re running it smarter, better, and with just enough caffeine to keep things interesting. 

 

Yours in operational excellence (and office snack inventory control). 

 

Still not sure what ERROR 47 means, but we’re working on it. 

Hallmark Achievements

Texas Commission for Lawyer Discipline v. AG

 

Facts: AG hired Bertolino LLP to defend against a complaint filed with the Commission. The complainant made unsupported claims that AG had violated his due diligence obligations, and this baseless complaint threatened to damage AG’s reputation and expose him to potential discipline from the Commission. 


Outcome: Bertolino LLP evaluated the client’s case, assessed the applicable law and we gathered the documentation and evidence necessary to advocate against the grievance and show the Commission why the allegations needed to be dismissed. We developed a well-written response demonstrating how the grievance accusations lacked proper evidence and advocated aggressively on the client’s behalf for swift closure of this matter. The Commission evaluated the written response and agreed to close the grievance because there was no just cause to support taking disciplinary action against our client’s license. This allowed AG to return his focus to his clients’ needs and maintain his stellar legal reputation.

Texas Depart of Licensing and Regulation v. EM


Facts: EM hired Bertolino LLP to defend against a complaint filed with the Department. The complainant made groundless allegations that EM had violated professionalism requirements, and this baseless complaint threatened to damage EM’s reputation and expose her to potential discipline from the Department


Outcome: Bertolino LLP evaluated the client’s case, assessed the applicable law and we gathered the documentation and evidence necessary to fight against the meritless complaint and show the Department why the allegations needed to be dismissed immediately. We developed a well-written response explaining how the complaint accusations lacked any supporting evidence and advocated aggressively on the client’s behalf for swift dismissal of this matter. The Department evaluated the written response and agreed to dismiss the complaint with a nondisciplinary warning, taking no disciplinary action against our client’s license. This allowed EM to return her focus to her clients’ needs and kept her stellar industry reputation intact. 

How to Reduce Your Legal Risks

by Investing In Your Team

 by Troy Beaulieu, Esq.

Any regulated industry faces potential compliance and legal risks as part of their business operations. Whether you own a health care related practice, operate a real estate brokerage, run an insurance agency, operate an engineering or accounting firm, operate a law practice or have a plumbing business, the regulatory rules of the road govern the minimum standards, requirements and obligations licensed individuals have to the consuming public and your clients. It’s been said that your people are your most valuable resource and one way you can reduce the potential regulatory risks is by taking proactive steps to grow, educate and train your team of employees. By developing a more knowledgeable, skilled, collaborative and communicative team, your business, your practice and your livelihood will have a reduced overall risk profile. This article will discuss four key areas I recommend you invest time and resources in now. This will help decrease the time and expenses of reacting to compliance problems after they arise. These topics will include: (1) internal training; (2) external training and certification; (3) team building focused on collaboration, communication and emotional intelligence (“EQ”) skills; and (4) partnering with the right law firm to help you reduce risks. 


Invest in Regular Employee Internal Training to Grow Your Reputation and Reduce Legal Risks


Regular internal training is a critical opportunity for your staff to grow their knowledge, skills and education and share that learning with the rest of their team. Providing structured, periodic training presentations that your staff develop, and present gives them the opportunity to learn more about a topic, issue or area of practice you handle regularly. By preparing material for a presentation, they have thoroughly ingested the material, can train others, and you now have written reference materials other employees can refer to and new employees can be trained from. Recording the presentation provides even further educational fodder and reference material for the employees. In addition, by preparing and sharing the material, the presenting staff member then becomes a go-to font of knowledge for that topic and a resource when questions about that issue arise later. It may even be something your staff can present at professional or trade association conferences to expand your profile and recognition in the industry. With the added knowledge-base and study that comes with a regular internal training program, you will help your team spot potential issues, be aware of new developments, and grow competency in critical skills. All of this will help lower your business’s compliance risk profile.


Utilize External Training and Certifications to Strengthen Your Brand

and Decrease Your Risks

 

In addition to internal training, investing in external educational opportunities is equally important. Learning from outside resources, experts in an area, or covering topics you and your staff may not have knowledge of is critical to expanding your knowledge base, learning about new developments in methods, skills, techniques and staying aware of changes in the regulatory landscape. All of this impacts your compliance risk profile. Further, by providing employees with the opportunity to obtain specialized credentials or certifications, you also elevate the reputation of your business, firm or practice and the services you provide. Employees can add these credentials to your website and their online profile and tout those extra qualifications when potential clients seek your services. Investing in your staff’s education and growth gives them a nod of appreciation and helps keep talented and dedicated employees loyal to your business, reducing the risk they may leave to join a competitor. Having these longer-term, more knowledgeable employees with additional credentials on your team goes a long way to reducing the legal and compliance risks to your business.  


Build a Collaborative, Communicative and EQ Savvy Team to Elevate Your Business and Lower Your Legal Risk


It’s easy to get too busy with work and forget to take time from our busy professional lives to work on building the team that is the lifeblood of the business, practice or firm you operate. Without that group of employees operating well, your business, professional reputation and livelihood suffer, and your legal risks increase. So, it’s important to take the time and invest the resources in teambuilding events, workshops and training that foster a more collaborative, communicative and EQ (emotional intelligence) savvy team. 


This helps reduce legal and compliance risks in three main ways. First, your team will communicate better with each other. And communication is not just limited to talking, it also involves a healthy dose of good listening. A team more effective in communicating (internally and externally) is going to provide better services to clients, patients and customers and reduce the risks of miscommunication, misunderstanding or other errors that increase compliance and legal exposure through lawsuits and regulatory complaints. Second, a more collaborative team is a more efficient and effective team. This means your staff are working better together to solve problems, avoid issues and reduce challenges because they are more in sync – all of which helps reduce your business’s legal risks. Third, a team with more knowledge, skill and experience utilizing emotional intelligence (“EQ”) is better equipped to handle client, patient or customer needs, anticipate challenges and adroitly care for challenging customers and their needs. This stops problems from festering and developing into regulatory complaints or lawsuits. Better client rapport translates into happy clients, patients or customers who are less likely to file complaints with your regulator.


Partner with the Right Firm So that Your Legal Risks Diminish

 

Bertolino LLP provides proactive legal compliance consulting services and free educational services through its Know Your Regulator initiative. Both help you develop your team of employees and reduce your legal and compliance risks. Contact us today to see how we are the right partner to help you reduce your legal risks. 


Engage with your regulatory agency like never before! Navigating the laws that govern your license and profession can be challenging. That’s why we’ve created Know Your Regulator, an educational resource designed to help license holders take charge of their careers. Stay informed with important agency updates, gain valuable insights, and discover opportunities to enhance your professional license by following and subscribing to our podcast and Youtube channel.


Don’t miss our weekly podcast! Each episode dives into key topics, from navigating complex regulations to tips for building a successful career in your field. Tune in for practical advice and expert interviews.


The recent episode # 35: Your Firm's Compliance Safety Net: The Evolving Role of Chief Operating Officer. Click the video below to view.

Ever wonder about the person behind your law firm's seamless operations and regulatory compliance?

Empower your license and career, and stay ahead in your industry. Take advantage of our free educational resources by visiting Know Your Regulator today!

Learn how you can proactively protect your license by engaging with your regulator and staying informed about regulatory developments in your industry.


With Bertolino LLP's insights regulatory insight, suggestions, and information, we can help you minimize your compliance risk profile and stay ahead of your competition by engaging with your regulator.

Professional Recognition Days:

May Calendar


Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.


June Professional Days


06.02:  National I Love My Dentist Day


06.06:  Healthcare Executives Appreciation Week

                               

06.09:  National Automotive Service Professional Week

                               

06.12:  CNA day/week

                               

06.17:   Nursing Assistants Day

                               

06.22:   National HVAC Tech Day

                               

06.25:   Reserves Day

                               

06.26:   National Beautician Day

Side Bar ...

Collaboration and Connection: The Bertolino LLP Team in Focus


At Bertolino LLP, we recognize that strengthening our team is essential to staying true to our mission: putting clients first in everything we do. While we work well together, we realize the importance of regularly reconnecting and refining our understanding of one another to maintain a high-performing team.


When asked what makes Bertolino LLP a true team, we all agree it's rooted in trust, openness, and a commitment to leveraging each other's strengths. Whether tackling everyday challenges or facing the most daunting tasks, we know who can help and rely on one another to accomplish the job. Our mission drives our honesty and transparency, and our successes are always measured by doing what's best for our clients.


As summer began, we took the opportunity to celebrate our collective achievements and continue growing as a team. After a productive retreat focused on the Myers-Briggs exercise and the Five Dysfunctions of a Team designed to help us better understand each other's strengths and areas for growth, we decided it was time for some well-earned relaxation. We headed to Lake Travis for a team-building event that allowed us to unwind, reflect, and connect on a personal level.


It was the perfect opportunity to enjoy the calm waters of the lake, share laughs, and appreciate the bonds that make us not just colleagues but a true Bertolino family. As the summer heat sets in, we're energized and ready for what lies ahead, stronger than ever as a team. Thank you to London de la Teja for organizing this memorable event and to Sheri Middlemas for curating the boat party theme and ensuring everyone had a great time. And special thanks to Tony Bertolino, who enables all the great things to happen at Bertolino LLP.

MJ and her husband enjoying the view on Lake Travis' June 6th Team Event.

LaJuana participation is always top level. She's hoping the dancing begins soon.

Setting up! Right to left: Tony Bertolino, Sheri Middlemas, DJ Collora discuss where to set up food and refreshments!

BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com