Laura Diamond
I am committed to the vigorous and compassionate defense of each of my clients. I believe it is just as important to understand who you are representing as it is to understand why you are representing them. My knowledge of the law and familiarity with various regulatory boards provides an advantage to my clients during negotiations, informal settlement conferences, court proceedings, and mediations. I work hard to provide individualized and thoughtful representation.
My practice
My administrative law practice is focused on assisting individuals and businesses acquire and defend occupational licenses. I have successfully represented clients at the agency level (complaint, investigation, informal settlement conference) as well as before the State Office of Administrative Hearings (SOAH). I have advised dentists, nurses (RN, LVN), psychologists, social workers, counselors (LPC, LCDC, LMFT, LSOTP), day care facilities, home health care providers, cosmetology schools, barbers, air conditioning and refrigeration contractors, polygraph examiners, architects, engineers, hearing aid fitters and dispensers, audiologists, chiropractors, insurance agents and adjusters, automobile inspection stations, real estate appraisers, and individuals seeking licensure by the Board of Law Examiners.
Education and Experience
With the exception of three years to attend law school in Waco, I have lived in Austin since 1991. I graduated with a Bachelor of Arts in Behavioral Sciences from Concordia Lutheran College (now, Concordia University at Austin) in 1995.
I received a Legal Assistant Certificate from the University of Texas at Austin in 1998. I enjoyed working for four years as a legal assistant with Jennifer Riggs’ firm prior to attending law school.
I received my legal education from Baylor University School of Law. I graduated in December 2004 and was admitted to the Texas Bar in May 2005. While preparing to sit for the bar exam, I was fortunate to receive an offer from Jennifer Riggs and Bill Aleshire to join their practice. I was thrilled to return to Austin and started working for the firm in March 2005.
Memberships and Associations
I am a member in good standing of the Texas State Bar and the Austin Bar Association. I also am a member of the College of the State Bar of Texas.
Personal Information
I am married and have two daughters. My youngest is in preschool and my step-daughter is studying chemical engineering at Texas A&M. My husband, Al, works in the information technology field. We live north of Austin.
Representative Cases
2012 Represented a registered nurse accused of sexual impropriety with a patient during a physical examination and assessment. The Texas Board of Nursing (BON) proposed to revoke the nurse’s license. An independent investigation and subsequent presentation at informal settlement conference convinced the Board to drop the allegation. The Board then alleged a recordkeeping error and committed to taking the matter to the State Office of Administrative Hearings (SOAH). Shortly before hearing, the Board dismissed the recordkeeping allegation and closed its case entirely. The Texas Board’s dismissal of the case saved the nurse, who is licensed in three other states, from additional inquiries by other state’s boards.
2012 Represented individual convicted of statutory rape in 1990’s with effort to obtain barbers’ license from the Texas Department of Licensing and Registration (TDLR). Department denied licensure application and matter was set for hearing at the State Office of Administrative Hearings. After the presentation of our testimony and documentary evidence at hearing, the Department dismissed its case and issued the barbers’ license.
2012 Assisted individual educated as a professional counselor and convicted of assault involving family violence with a Request for a Criminal History Evaluation Letter to the Department of State Health Services (DSHS). Our request addressed each factor in Chapter 53 of the Texas Occupations Code, pointed out the Department’s discretion in such cases, and sought the exercise of that discretion based on the specific facts of this case. The Texas State Board of Examiners of Professional Counselors issued a letter allowing the individual to apply for licensure.
2011 Represented licensed dentist accused of dishonorable conduct, multiple standard of care violations, patient abandonment, and recordkeeping violations. The Texas State Board of Dental Examiners (TSBDE) filed formal charges and sought to revoke the dentist’s license. At mediation, the negotiated terms of an Agreed Order allowed the dentist to maintain his license and continue practicing.
2011 Represented licensed dentist accused of standard of care and recordkeeping violations. After Informal Settlement Conference the Texas State Board of Dental Examiners (TSBDE) dismissed the allegations conditioned solely on the dentist’s completion of continuing education courses and the jurisprudence assessment.
2011 Represented licensed nurse who failed to inform the Texas Board of Nursing (BON) of previous criminal history during multiple license renewals. The Board initially proposed disciplinary action but ultimately dropped the allegations and closed the case.
2010-2011 Represented licensed air conditioning and refrigeration contractor (A/C contractor) who was the subject of at least sixteen separate complaints, each containing multiple allegations, to the Texas Department of Licensing and Regulation (TDLR). An aggressive discovery strategy including depositions of the Departments fact and expert witnesses exposed the factual and legal inconsistencies in the allegations. The TDLR ultimately dismissed all but four individual allegations and the contractor agreed to a one year fully-probated suspension of his license and an administrative penalty.
2009-2012 Represented several nurses facing proposed disciplinary action by the Texas Board of Nursing (BON) for alleged chemical dependency, addiction, and/or mental health issues. Negotiated agreed orders permitting the entry of the nurses into the Texas Peer Assistance Program for Nurses (TPAPN).
2007-2012 Represented several dentists facing disciplinary action by the Texas State Board of Dental Examiners (TSBDE). Negotiated factual findings with an eye toward minimizing negative impact. Negotiated terms to allow each dentist to continue practicing. Subsequently advised dentists regarding how to respond to the Board’s report to the National Practitioner Databank (NPDB).
2005-2012 Assisted daycare facilities and group homes with inspection, compliance, and licensing issues before the Texas Department of Family and Protective Services (DFPS). Represented facilities at administrative reviews often resulting in overturned findings. Advised facilities regarding the preparation and implementation of self-imposed plans of correction to avoid Department imposed corrective action.