call us312-335-9470

200 West Adams, Suite 2475, Chicago, IL 60606

Subscribe to this list via RSS Blog posts tagged in Chicago professional license defense lawyer

Home office cybersecurityMany professions were forced to abruptly shift to and adopt remote workspaces to be able to safely operate during the pandemic. Many physicians, real estate brokers, psychologists, and other licensed professionals who normally operated solely in person, have suddenly found themselves in a wholly foreign environment – likely their own spare room, interacting with clients and patients through a computer or phone. Certainly, many professionals have adapted to this method of practice over the last year, and some have even embraced it, or prefer it over pre-pandemic practices; however, a daunting oversight for many is the mere fact of cybersecurity. For many of these licensed professionals, client confidentiality and information protection, including HIPAA-aligned protocols, are legally required to operate. For a variety of reasons, including the necessity to suddenly shift to remote work, some professionals may not even realize that they are vulnerable to attack and that their patient/client information could be compromised at any moment.

For most of the licensed professionals listed above (and many who are not listed), patient/client confidentiality and privacy are an integral part of their practice. In addition to the requirement to follow HIPAA, it could also be the policy of the professional to contractually, and ethically, ensure confidentiality and privacy. Practicing from home greatly alters the ability to invoke the same standards that are possible in a private office space. A home office space may include visits from partners, children, roommates, or a variety of other possible visitors, and a closed door does not do much for privacy in the same way that a dedicated office space does. Licensed professionals must conscientiously think about the ways in which these conditions can affect the experience of their patient/client and agree upon a policy with those in their home office space to respect and follow client privacy policies.

Unless the home office was prepared in advance and made to mimic the kinds of resources available to the public office space, it is likely that the same types of cybersecurity programs are not in place. There have been reports of “smart” devices recording sound without the consent of the user, which could result in storage of private personal data, and criminals could access this information. Even though it is not the fault of the professional, it is ultimately their responsibility to protect their clientele through all routes possible.

...

Illinois professional license defense attorneysOne tactic used by real estate brokers to advertise to consumers is through the use of “Coming Soon” signs, which advertise property that will be coming on the market. In order to appropriately use “Coming Soon” signs, you must have the appropriate authorization, as such signs serve as both notice of sale and an advertisement. Similarly to pocket listings, there are good reasons to use a “Coming Soon” listing: people may need to prepare their homes for sale or are waiting for their new homes to be completed. And also similarly to pocket listings, these listings create ambiguous ethical issues. 

“Coming Soon” listings inform the widest possible audience that the house, while not ready to be seen, is for sale and will be ready for viewings on a specific date. If a seller has not signed a listing contract, the house cannot go into the MLS. This means that a broker can show the house to their own list of potential buyers without consequences. It also means the house receives limited exposure, which could lead to less lucrative offers. Listing a home on the MLS is generally viewed as the best way to inform the vast majority of potential buyers of availability, and if a client seeks to sell their home for the greatest possible price, such interest may be jeopardized by the use of “Coming Soon” signs. This can place a broker in direct conflict with the ethical duty to promote and protect the best interests of the client.

While not an illegal way to sell a home, it does place the broker in a precarious position that skirts ethical and legal boundaries. Failure to be fully transparent about the pros and cons of using a “Coming Soon” listing to a client could result in perceived unethical conduct, putting the broker’s license at risk for disciplinary action being taken by the Illinois Department of Financial and Professional Regulation. If you find yourself facing potential disciplinary action, Williams & Nickl has successfully defended the licenses of hundreds of real estate brokers before the IDFPR.

Back to Top