Ellen C Brotman

November 07, 2016 | The Legal Intelligencer

There have been lots of frightening moments in this election cycle, but as a criminal defense lawyer and ethics expert, one moment was particularly scary. A presidential candidate, in a script written and performed by despots ­everywhere, threatens to lock up his political opponent if he prevails. Of all the feared abuses of government power: isn't this the most frightening of all—the power to falsely accuse and wrongly imprison?

By Ellen C. Brotman

12 minute read

June 06, 2016 | The Legal Intelligencer

In the 19th century, service of process took some doing in the United States. Pleadings were required to be served in-person and was effected, not through a cadre of bicycle messengers, but more likely by a team on horseback. In order to ease this burden, in 1862, New York enacted a law requiring any attorney wishing to litigate in New York to maintain a physical in-state address, primarily for the purpose of receiving process.

By Ellen C. Brotman 
and Andrea Gosfield

6 minute read

March 22, 2016 | The Legal Intelligencer

It is an understatement to say that former Pennsylvania Supreme Court Justice J. Michael Eakin has been getting a great deal of publicity lately.

By Ellen C. Brotman 
and Christine E. Weller

13 minute read

December 29, 2015 | The Legal Intelligencer

I've given some thought to lessons learned and come up with a list of resolutions that include both the philosophical and the practical.

By Ellen C. Brotman

6 minute read

December 28, 2015 | The Legal Intelligencer

I've given some thought to lessons learned and come up with a list of resolutions that include both the philosophical and the practical.

By Ellen C. Brotman

6 minute read

October 30, 2015 | The Legal Intelligencer

It may be a long time since you were worried about monsters hiding under the bed, but there is a monster you should be worried about—and it is hiding right in your emails. Emailed invitations to scams, targeting lawyers in particular, have been on the rise for the past several years. State bars throughout the nation have warned attorneys of the need to be vigilant in responding to email solicitations. In fact, in its August 2015 Attorney E-Newsletter, the Pennsylvania Office of Disciplinary Counsel provided a link to an American Bar Association ethics tip that outlined a new and sophisticated scam that has been used to victimize lawyers (see goo.gl/1zkRy2). For lawyers, the danger is manifold, as our clients are also threatened by attacks on our trust accounts.

By Ellen C. Brotman

7 minute read

October 29, 2015 | The Legal Intelligencer

It may be a long time since you were worried about monsters hiding under the bed, but there is a monster you should be worried about—and it is hiding right in your emails. Emailed invitations to scams, targeting lawyers in particular, have been on the rise for the past several years. State bars throughout the nation have warned attorneys of the need to be vigilant in responding to email solicitations. In fact, in its August 2015 Attorney E-Newsletter, the Pennsylvania Office of Disciplinary Counsel provided a link to an American Bar Association ethics tip that outlined a new and sophisticated scam that has been used to victimize lawyers (see goo.gl/1zkRy2). For lawyers, the danger is manifold, as our clients are also threatened by attacks on our trust accounts.

By Ellen C. Brotman

7 minute read

September 29, 2015 | The Legal Intelligencer

With September comes the new season, the new school year and an opportunity to look back as summer moves into fall. During this year, important changes were made to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement relating to the way attorneys handle client money, either in Interest on Lawyers' Trust Accounts or trusts. These rules were amended because the Disciplinary Board of the Supreme Court of Pennsylvania felt that, while the Office of Disciplinary Counsel could adequately investigate and litigate cases of embezzlement and theft, the board's ability to identify and prevent these crimes needed to be strengthened.

By Ellen C. Brotman and Christine E. Weller

6 minute read

September 28, 2015 | The Legal Intelligencer

With September comes the new season, the new school year and an opportunity to look back as summer moves into fall. During this year, important changes were made to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement relating to the way attorneys handle client money, either in Interest on Lawyers' Trust Accounts or trusts. These rules were amended because the Disciplinary Board of the Supreme Court of Pennsylvania felt that, while the Office of Disciplinary Counsel could adequately investigate and litigate cases of embezzlement and theft, the board's ability to identify and prevent these crimes needed to be strengthened.

By Ellen C. Brotman and Christine E. Weller

6 minute read

August 10, 2015 | New Jersey Law Journal

Two recent federal cases in the Third Circuit highlight the challenges of punishing harmful expression through telecommunications.

By Ellen C. Brotman and Christine E. Weller

7 minute read