Ellen C Brotman

August 07, 2024 | The Legal Intelligencer

Formal Opinion 512 does an excellent job of analyzing the rules that are implicated by the use of generative AI.

By Ellen C. Brotman

8 minute read

March 01, 2024 | The Legal Intelligencer

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?

By Ellen C. Brotman

7 minute read

January 05, 2024 | The Legal Intelligencer

This year, I'm departing from that tradition to predict the future in the field of attorney discipline. However, for those of you who like your new year column with a side order of resolutions—I promise, you will find some throughout!

By Ellen C. Brotman

7 minute read

October 11, 2023 | The Legal Intelligencer

Why are conflicts so important in the regulation of attorneys? Because we owe our clients our undivided loyalty in pursuing their goals. Things can get messy fast when either the interests of former clients, or our own personal or professional interests are competing for that loyalty.

By Ellen C. Brotman

6 minute read

July 12, 2023 | The Legal Intelligencer

In early May, the American Bar Association issued Formal Ethics Opinion 505, in which it opined that a fee is never "nonrefundable" and that a fee paid in advance of the provision of services can never be placed into a lawyer's operating account.

By Ellen C. Brotman

7 minute read

March 09, 2023 | The Legal Intelligencer

Some respondents' attorneys suspect that solo and small firm attorneys are more frequently targeted by disciplinary counsel and that big firm lawyers can avoid the consequences of their errors.

By Ellen C. Brotman

7 minute read

December 28, 2022 | The Legal Intelligencer

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 your enjoyment of it.

By Ellen C. Brotman

7 minute read

December 02, 2022 | The Legal Intelligencer

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.

By Ellen C. Brotman

9 minute read

July 25, 2022 | The Legal Intelligencer

As attorneys, what advice can we give without crossing the line into illegal aiding and abetting? In our discussion, we do not provide definitive answers. At this inflection point in our history, we only have possibilities and questions.

By Ellen C. Brotman and Ellen Yaroshefsky

8 minute read

March 03, 2022 | The Legal Intelligencer

The board and the court's condemnation of conduct by attorneys that threatens, diminishes and demeans an individual's agency and ability to succeed must be specifically expressed.

By Ellen C. Brotman and Amy J. Coco

9 minute read