PA Attorney Discipline and Legal Ethics
Developments in discipline and ethics in Pennsylvania and the nation.
Because it’s not always black and white.
Author: Ellen Brotman, Esq.
Using Generative AI: As the ABA Says, There’s a Rule (or Two!) for That!
Formal Opinion 512 does an excellent job of analyzing the rules that are implicated by…
What Must Lawyers Do to Protect the Rule of Law?
The country’s faith in these institutions, including our elections and our civil and criminal justice…
Disciplinary Docket: Trends for 2024
At this time of year, I usually write a column with a list of New…
For Love or Money: Disciplinary Board Proposes Expansion of ‘Sexual Relations’ Definition
In the past, I have often described the Rules of Professional Conduct as the Emily…
Yikes! ABA’s Latest Ethics Opinion Prohibits Nonrefundable Fees: Does It Change Things in Pa.?
Many solos and small firms charge their clients “nonrefundable” fees, intending to take an advance…
Jump into the Pool:Representing Multiple Witnesses in an Investigation
Over the past twenty years, government agencies andregulators have expanded their investigations of corporationsacross a…
An Unscientific Analysis: Who Gets Disciplined and Why?
There are 75,600 lawyers in Pennsylvania. Last year, 3,818 disciplinary complaints were opened, and 132…
New Year’s Resolutions for an Ethical and Happy 2023
It’s inevitable: the end of the year marks a time for reviewing your triumphs and…
The Importance of Private Discipline and Confidentiality in the Regulation of Attorneys
On Oct. 24, House Resolution 231 narrowly passed out of the House Judiciary Committee by…
The Disciplinary Board as Regulator, Not Sanctioner: Advocating Wellness Practices to Avoid Misconduct
As part of a month-long campaign exploring lawyer well-being as misconduct prevention, the Disciplinary Board…
Pennsylvania Judges and Ethics: There’s A Board for That!
The Pennsylvania Supreme Court https://www.pacourts.us/courts/supreme-court has created a Judicial Ethics Advisory Board. https://www.pacourts.us/news-and-statistics/news/news-detail/1101/supreme-court-of-pennsylvania-announces-membership-of-new-judicial-ethics-advisory-board The Board…
Reciprocal Discipline: In Pennsylvania, It’s a Pretty Sure Thing
On February 11, 2022, Attorney Elliott James Schuchardt was suspended for two years by order…
‘ODC v. Lynch’: Why We Need a Rule of Professional Conduct That Prohibits Discrimination
Last year, a Twitter thread addressed women and asked this question: How would your life…
Leadership Changes at the Pennsylvania Disciplinary Board
Recently, the Disciplinary Board of the Supreme Court of Pennsylvania appointed a new Board Chair…
2021 in Review: The Year in Ethics Opinions
By Ellen Brotman I often tell my attorney-clients to think of the Rules of Professional…
Preventative Medicine Is the Best Kind: Preparing for 2022 Now
By Ellen Brotman It’s the season of gratitude and celebration, gratitude and celebration for getting…
Laterals on the Move: There’s a Rule for That!
By Ellen C. Brotman and Lynn Marietta Nichols The summer is ending, the birds are…
Are You Committing the Unauthorized Practice of Law in Your Kitchen?
By Ellen Brotman and Lynn Marietta Nichols Decades ago when the Rules of Professional Conduct were…
Flat Fees, Operating Accounts and Trouble at the Disciplinary Board
In a recent DBD Opinion suspending a lawyer for one year and one day for…
When Morality Transcends the Law: Is the Death Penalty the Ultimate Test?
I have been writing this professional conduct column for over 10 years, with and without co-authors,…
Calm Is Overrated: We Need to Take a Stand Now
On March 16, as we were confronting the reality of a pandemic and its potentially…
ODC v. Sexual Harassing Attorney/ No. 74 DB 2019
On August 10th, 2020, the Supreme Court of Pennsylvania suspended Philadelphia attorney M.B. for one…
The Use of Stayed Suspensions in Disciplinary Proceedings is a Definite Thing
Blogs start with the best intentions but often move to the back burner and then…
Pennsylvania Issues Protocols for Hearings in a Covid-19 World
The Disciplinary Board has issued protocols describing how it will conduct operations remotely in the…
Pennsylvania Supreme Court Adopts New Disciplinary Rule Including Discrimination as Misconduct
On June 8, 2020, the Pennsylvania Supreme Court approved adoption of Rule 8.4(g) broadening the…
Ethical Succession Planning for Solo Firms: Exit Stage Right
Three years ago, after over two decades of practicing in small firms, medium sized firms…
Limited License For 2020 Law Grads
Very Big News from the Supreme Court of Pennsylvania was posted on the The Disciplinary Board of the…
Keep Calm and Carry On: Ethics in a Time of Stress
For many of us, our practices take us into the lives of our clients at…
Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct or What You Don’t Know Will Hurt You
Sleepless nights are a criminal defense attorney’s lot in life, full of worry about all…
’Tis the Season—To Extend a Hand to Your Fellow Professional
Attorneys experience problematic drinking, drug use and mental health distress at a higher rate than…
Pa. Supreme Court Gets Serious About Attorney Work Product Privilege
At least once or twice a day, after I press the “send” button, I get…
Process, Procedure and Prosecutorial Misconduct in Stacy Parks Miller Case
On Feb. 8, former Centre County District Attorney Stacy Parks Miller was suspended from the…
The Trump-Manafort Joint Defense Agreement: Urban Legend or Reality?
Let’s start here: the government begins a grand jury investigation of an organization, say a…
Perils of Joint Representation: Takeaways From the Cynthia Baldwin Matter
Conflicts and confidences are the ethical tripwires of our profession. What may seem like a…
Advice for the President’s New Lawyer: There’s a Rule for That
As lawyers watching the spectacle of the investigations surrounding the Trump administration, we get to…
A Spring Crop of Ethics Issues in Trump’s World
Despite appearances, it’s spring and Donald Trump and his attorney Michael Cohen have provided us…
Did the President’s Lawyer Cover Up his Client’s Cover-up?
If you are interested in ethics, white collar crime, and the way they overlap, Christmas…
The President Has Your Back: Is That A Conflict?
On Oct. 21, there was a news report that President Donald Trump would be personally…