Phong Phan, Esq.
About the Firm
Founded in 2009, The Phan Law Firm, P.C. provides Texas Board defense and professional license defense for nurses, dentists, physicians, and medical and behavioral health professionals throughout the State of Texas. As a former Texas Board of Nursing (BON) Assistant General Counsel, former Texas State Board of Dental Examiners (TSBDE) General Counsel, and former Texas State Prosecutor, Phong Phan, Esq., is devoted to the legal representation of his clients in the areas of disciplinary enforcement, regulatory actions in administrative licensing, regulatory inquiries and investigations, licensure, certification, and credentialing related to all aspects of their practice.
With more than 15 years of experience in private practice and an intimate understanding of the board complaint process, disciplinary proceedings, licensure issues, and SOAH contested case hearings, Phong Phan is a fighter and delivers the best possible results for his clients. Contact the firm today to discuss your case.
Personal Biography
I am a first-generation Vietnamese American. My family immigrated to the United States in 1975 as refugees fleeing Vietnam following the fall of Saigon to communism. I will not bore you with the details, but suffice it to say that by divine grace, all members of my immediate family, seven of us, made it off the shores of a chaotic, war-torn country and onto a rickety boat that floated at the mercy of the South Pacific Ocean and eventually found our way to the United States.
My parents took the first work opportunity they were presented with and located in a small working-class town in the Texas panhandle. My family was the first Vietnamese family to settle in the area and faced many hardships and challenges, including the fact that no one in my family spoke any English. I grew up watching my parents overcome numerous challenges, working tirelessly on minimum wage their entire lives in order to make a better life for their children. I, along with my five siblings, was often reminded in those early formidable years that faith, discipline, and a strong work ethic would provide one with the tools necessary for success. Not wanting their children to follow in their footsteps, my parents made sure that each of their children would not be outworked, especially in the classroom.
Professional Background
Upon graduation from law school, I returned to Austin, Texas, and began my law career in the public sector, learning the complexities and nuances of administrative law. My first job out of law school was with the then Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality or “TCEQ”) in their Legal Division. I then served as a prosecutor and senior hearings examiner for the Texas Department of Public Safety (“DPS”). Beginning in 2000, I served as the Assistant General Counsel for the Texas State Board of Nurse Examiners (now the Texas Board of Nursing or “BON”). At the BON, I was responsible for advising the staff regarding licensing and disciplinary issues, applicable statutes, and the Board’s rules and regulations, as well as the prosecution of disciplinary matters at contested case hearings (“CCH”) before the State Office of Administrative Hearings (“SOAH”). Four years into my career as a young lawyer, I was targeted and was hired to serve as the head attorney (General Counsel) for the Texas State Board of Dental Examiners (“TSBDE”). I was one of the youngest attorneys in that position. In this role, I continued to implement, interpret, and enforce rules and procedures regarding the discipline of dentists, dental hygienists, and dental laboratories throughout Texas and oversaw the TSBDE’s entire disciplinary caseload, handling disciplinary and enforcement matters at informal settlement conferences (“ISC”) as well as contested case hearings at SOAH.
My knowledge of administrative law was further shaped by my most recent experience, having served beginning in early 2005 as the General Counsel for the Travis Central Appraisal District (“TCAD”). While at TCAD, I advised and counseled two different leadership regimes, TCAD’s Board of Directors and TCAD staff, on numerous legal matters in the areas of ad valorem property tax, administrative law (i.e., compliance with the Public Information and Open Meeting Acts), employment law, and contract law. I had the opportunity to refine my advocacy skills defending the appraisal district in formal administrative hearings before the Appraisal Review Board (“ARB”) and further sharpened my advocacy and litigation skills as I was responsible for TCAD’s entire litigation portfolio, a portfolio consisting of several hundred cases. Due to the high number of lawsuits, a considerable amount of time was spent in court litigating complex property tax issues.
Naturally, based on my extensive experiences with licensing boards and regulatory entities, I have developed an understanding and quiet appreciation for administrative law. I have a particular interest in licensing and enforcement issues, which I find challenging but worthwhile. I remain active in this area of the law serving as a frequent speaker on the topic of regulatory and licensing boards, professional license defense, and discipline/enforcement matters. I have been invited to speak before professional licensees, educators, student organizations, and professional associations and groups. I have also been invited by committees and sections of the State Bar of Texas to speak and present in the area of ad valorem property tax on a variety of topics. I currently write regular articles for professional groups ranging from engineers to nurses, and answer questions from professional licensees on a range of legal issues in a statewide quarterly newsletter in a section titled “Ask The Lawyer.”
Professional Affiliations
I am a member in good standing of the Texas State Bar and Austin Bar Association, and I am on the council of the Austin Asian American Bar Association, where I remain active.
Personal Interests
I live in Austin, Texas, and am married. Away from my practice, my wife and I devote our time and energy to our family. When time permits, which is almost nonexistent as anyone reading this with young children can attest, I enjoy gardening and tennis, a combination not mutually exclusive but which provides a much-needed distraction.
Education
- Southern Methodist University-Dedman School of Law, Dallas, TX
Academic Fellow, where I served in this role full-time during law school, advising, tutoring, and mentoring undergraduate students. - University of Texas at Austin, B.A., Political Science and History
Education Background
With limited financial means but recognizing that higher education was the key to a better life, I worked hard in and out of the classroom and was accepted to the University of Texas at Austin on a scholarship. As I did while I was in high school, I continued to work full and part time jobs in order to help pay for my undergraduate degree and graduated with a Bachelor of Arts with a double major in Political Science and History. Although nothing corporate, white collar, sophisticated, or refined about some of the jobs I worked during college, they provided some of the best learning opportunities for me. They aided me a great deal in forging a strong work ethic and, in turn, provided a greater sense of priority regarding my studies.
After completing my undergraduate coursework, I was accepted into law school at Southern Methodist University-Dedman School of Law in Dallas, Texas. During my law school studies, I was selected and appointed by the faculty and committee of Southern Methodist University as an academic fellow. I served in this role full-time during law school, advising, tutoring, and mentoring undergraduate students.