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Ellen C Brotman

Ellen C Brotman

September 05, 2008 | The Legal Intelligencer

Court: Consent for Advance Waivers Must be Knowing, Intelligent, Voluntary

In the not-too-distant past, a "large" firm had as many as 200 lawyers, supported by a sprinkling of rainmakers and a number of "service partners." In today's legal environment, 200 lawyers is a midsized firm, large firms have 600 lawyers or more and every partner needs a substantial book of business.

By Ellen C. Brotman And Michael B. Hayes

8 minute read

March 07, 2008 | Law.com

Future of Attorney-Client Privilege Rests on Pa. Supreme Court

The multiple hats worn by in-house counsel can sometimes create confusion around the issue of when the attorney-client privilege can be asserted to protect in-house legal advice.

By Ellen C. Brotman and Michael Hayes

8 minute read

August 01, 2008 | The Legal Intelligencer

How and When to Terminate Representation of a Difficult Client

It happens to all of us: big firm, small firm, plaintiffs, defense, criminal and civil lawyers. There is a potential new client that we can and want to help, but somewhere in the back of our minds an alarm bell is ringing.

By Ellen C. Brotman and Michael B. Hayes

8 minute read

April 03, 2009 | The Legal Intelligencer

When Clients Conduct E-Discovery, Can You Use What They Find?

E-mail has made it easier to communicate with more people, more quickly and more informally than ever before. We find ourselves in e-mail "conversations" divulging information that we used to reveal only in-person and under the strictest confidence.

By Ellen C. Brotman And Michael B. Hayes

7 minute read

June 01, 2007 | Law.com

Zealous Representation Sometimes Runs Afoul of Sarbanes-Oxley

Your client, an old society church in a conservative upper-crust area, finds child pornography in an employee's laptop.

By Ellen C. Brotman and Michael B. Hayes

8 minute read

February 18, 2011 | The Legal Intelligencer

Play Ball! Resolving Potential Conflicts in U.S. v. Clemens

The snow is melting, the seed catalogs are arriving, and all eyes are turning to Spring Training in Florida! Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in United States v. William R. Clemens, aka Roger Clemens.

By Ellen C. Brotman And Michael B. Hayes

7 minute read

August 07, 2009 | The Legal Intelligencer

New Rules for Lawyers Returning From Inactive Status

By an order dated April 16, the Pennsylvania Supreme Court enacted amendments to the Rules of Disciplinary Enforcement affecting the commonwealth's roughly 27,000 inactive attorneys.

By Ellen C. Brotman And Michael B. Hayes

6 minute read

October 10, 2008 | The Legal Intelligencer

Hiring a Formerly Admitted Attorney: How, What, When and Why?

Last week, a column appearing in The Legal suggested that the Pennsylvania Supreme Court is wrong to allow disbarred and/or suspended attorneys to seek work as paralegals, file clerks or administrative assistants at law firms and in-house counsel offices.

By Ellen C. Brotman and Michael B. Hayes

7 minute read

June 06, 2008 | The Legal Intelligencer

Rules for Reporting Fellow Attorneys' Misconduct

One of the things we learned as children is that it's better to tell on yourself than to have a classmate tell on you.

By Ellen C. Brotman and Michael B. Hayes

8 minute read

March 02, 2007 | Law.com

Simone Reinstatement Process Takes One Step Down Long Road

The publicity surrounding Robert Simone's petition for reinstatement has raised some interesting questions about the disciplinary process.

By Ellen C. Brotman and Michael B. Hayes

9 minute read