Rapid Assistance in Disciplinary Proceedings Before Chambers and Authorities
We represent you in all stages of disciplinary proceedings: from the initial contact to the possible enforcement of legal remedies. Dr Elias Schönborn develops an immediate analysis of the initial situation, a risk assessment and a strategy for you, handles communication with chambers, disciplinary bodies and authorities and protects you from avoidable unintentional self-incrimination through a coordinated approach.
Typical Case Constellations in Disciplinary Law
In practice, disciplinary proceedings often arise from complaints, whistleblower reports or criminal proceedings. Initial situations can be, for example:
- Doctors, dentists and other healthcare professions: allegations relating to duties of disclosure or due diligence, documentation, professional and ethical duties, advertising/outward appearance, handling of patient data, billing fraud, corruption or allegations relating to treatment errors, organisational procedures, etc.
- Pharmacists: professional practice issues, documentation and due diligence obligations, billing fraud, dispensing practices, compliance issues, cooperation with third parties, allegations of corruption, etc
- Civil servants: breaches of official duties, secondary employment, handling of resources, conflicts of duties, allegations in connection with the exercise of official duties or official behaviour, misuse of official authority etc.
- Lawyers, notaries and chartered accountants: confidentiality, trust and asset management, conflicts of interest, offences against the reputation of the profession, etc.
What Are the Penalties in Disciplinary Proceedings?
Depending on the professional group and legal basis, there is a range of possible consequences:
- Reprimands or warnings,
- Fines and other cost consequences (e.g. reduction of salary),
- Conditions (e.g. organisational measures, further training, evidence),
- (Provisional) suspension or restriction of activity,
- Dismissal or loss/withdrawal of professional authorisation.
The associated consequences are often at least as onerous as the actual sanction: reputational damage, impact on professional practice, insurance issues and long-term career consequences.
Disciplinary Law and Criminal Proceedings
We pay particular attention to coordination with any parallel criminal proceedings. It is often the case that an alleged criminal offence also constitutesa breach of official duty. We ensure that your defence in both proceedings is coordinated and that no ill-considered steps in one proceeding have a negative impact on the other.
In particular, if the investigation proceedings are discontinued, this may mean that disciplinary proceedings are not pursued further or not even initiated in the first place. Even in the event of a criminal conviction, we will advise you comprehensively on the consequences under disciplinary law and work with you to develop a customised strategy to protect your professional interests in the best possible way.
Our Specialisms in Disciplinary Law
- Representation in disciplinary proceedings against doctors, dentists, veterinarians and pharmacists,
- Defence in disciplinary proceedings against civil servants (in particular proceedings before the Federal Disciplinary Authority),
- Professional disciplinary proceedings against lawyers, notaries and chartered accountants.
If you are faced with challenges in the area of disciplinary law and need clarity and legal support quickly, you are welcome to contact us. We will help you to take the right strategic next steps.
