The country’s faith in these institutions, including our elections and our civil and criminal justice systems has eroded. How far has that erosion of faith gone? Can it be stopped? What is the role of lawyers in protecting the Rule of Law? Every day, we hear that the Rule of Law is under attack. The […]
What Must Lawyers Do to Protect the Rule of Law? Read More »
At this time of year, I usually write a column with a list of New Year’s resolutions for best ethical practices in the year to come. (You can see last year’s column packed with good intentions here.) This year, I’m departing from that tradition to predict the future in the field of attorney discipline. However, for those
Disciplinary Docket: Trends for 2024 Read More »
In the past, I have often described the Rules of Professional Conduct as the Emily Post Book of Etiquette for lawyers. The rules tell you how to treat clients, adversaries, judges, unrepresented parties and represented parties. The rules guide you to be a polite and efficient litigator and advise you how to begin a new client
Many solos and small firms charge their clients “nonrefundable” fees, intending to take an advance fee that can be used immediately to pay bills. In Pennsylvania, lawyers have termed these fees “nonrefundable,” and, have placed these funds directly into their operating accounts. In early May, the American Bar Association issued Formal Ethics Opinion 505, in which
Over the past twenty years, government agencies andregulators have expanded their investigations of corporationsacross a broad spectrum of industries. These investigations ofcorporate wrongdoing have created a booming industry for big firmwhite-collar lawyers representing publicly traded corporations. As acorollary to this boom, small-firm and solo lawyers have taken onthe role of what has become known as
Jump into the Pool:Representing Multiple Witnesses in an Investigation Read More »
There are 75,600 lawyers in Pennsylvania. Last year, 3,818 disciplinary complaints were opened, and 132 attorneys were disciplined. Based on these numbers, it is safe to say that most of you reading this column will never hear from the Office of Disciplinary Counsel, the investigating and prosecuting arm of the Disciplinary Board. Even fewer of
An Unscientific Analysis: Who Gets Disciplined and Why? Read More »
It’s inevitable: the end of the year marks a time for reviewing your triumphs and your disappointments. This retrospection often leads to a determination to do better in the coming year. In that spirit I offer some New Year’s resolutions that I hope will be easy to keep and will enhance both your practice and
New Year’s Resolutions for an Ethical and Happy 2023 Read More »
On Oct. 24, House Resolution 231 narrowly passed out of the House Judiciary Committee by a vote of 13-12. The resolution is titled: “A Concurrent Resolution Encouraging the Pennsylvania Supreme Court to make the investigation and disciplinary process of lawyers more transparent.” This resolution is misguided, unnecessary and is a threat to the legal profession.The
The Importance of Private Discipline and Confidentiality in the Regulation of Attorneys Read More »
As part of a month-long campaign exploring lawyer well-being as misconduct prevention, the Disciplinary Board of the Supreme Court of Pennsylvania is providing interesting insight and strategies to help promote wellness and reduce stress amongst lawyers. They have published 4 articles as part of this campaign: Why Does the Practice of Law Tend to
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 is populated with a diverse group of judges from across the state and across the levels of the judiciary. Similar to the Pennsylvania Bar Association and the Philadelphia Bar Association, the Board will provide advisory ethics opinions to Judges (privately) and opine about
Pennsylvania Judges and Ethics: There’s A Board for That! Read More »