Attorney Discipline Defense

Attorney & Law Firm Representation

Ethics & Professional Responsibility Counseling

Attorney Ellen Brotman

Ellen Brotman, Esq. Attorney Discipline

Tough Advocacy For Tough Problems 

Attorney Ellen Brotman is the founder of BrotmanLaw PLLC with offices in Philadelphia, Pennsylvania and Washington, DC.  Her practice includes attorney and law firm representation, attorney discipline defense, reinstatement, professional responsibility and ethics counseling.  Ellen has represented lawyers before the Disciplinary Board of Pennsylvania for over 20 years.

Prior to starting BrotmanLaw PLLC, Ellen Brotman was a partner at Montgomery McCracken Walker & Rhoads LLP where she defended criminal cases in federal courts, oversaw investigations, and represented professionals in state disciplinary proceedings. From 1995 to 1998, as an assistant federal defender with the Defender Association of Philadelphia, Ellen provided criminal defense for indigent clients in federal court at trial and appellate levels. Before coming to Philadelphia, she served as a law clerk to The Honorable Lee P. Gagliardi, United States District Court Judge, Southern District of New York.

Ellen is a frequent writer and speaker about attorney discipline, ethics and professional responsibility related matters. She has a quarterly “Professional Conduct” Column in the Legal Intelligencer and authors an “Ethics Corner” for the Pennsylvania Association of Criminal Defense Lawyers’ online Journal “For the Defense.” Ellen is a past board member of the National Association of Criminal Defense Lawyers and currently sits on the board of the Pennsylvania Association of Criminal Defense Lawyers, where she serves on the Publications Committee and the Lawyers’ Assistance Task Force. Ellen also serves on the Professional Guidance Committee of the Philadelphia Bar Association and the Professional Responsibility Committee of the Pennsylvania Bar Association.

Ellen Brotman’s recognitions include:

 

Ellen is admitted in Pennsylvania, District of Columbia and New York State.

 

Read Ellen Brotman’s blog here: PA Legal Ethics.

See Ellen Brotman’s LinkedIn Profile here.

See Ellen Brotman’s Publications here.

See Ellen Brotman’s Presentations here.

Practices

Attorney Discipline Defense

Attorney Ellen Brotman represents lawyers and firms who have received allegations of professional misconduct from clients, opposing counsel or the Disciplinary Board. We have decades of experience handling the following:

  • Investigations by the Office of Disciplinary Counsel into potential violations of the Rules of Professional Conduct
  • Responding to Complaints and Petitions for Discipline
  • Conducting Hearings before the Disciplinary Board of the Supreme Court of Pennsylvania
  • Negotiating Discipline on Consent
  • Reinstatement of suspended and disbarred lawyers from disciplinary or administrative suspension
  • IOLTA audits and Pennsylvania Lawyers’ Client Security Fund issues
  • CLE and Registration issues

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Attorney and Law Firm Representation

Attorney Ellen Brotman provides counseling to lawyers and law firms dealing with professional life cycle events:

  • Law firm formation
  • Law firm dissolution and merger
  • Conflicts and client management in lateral transitions and departures
  • Representation of bar admission candidates before Pennsylvania Board of Law Examiners

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Ethics and Professional Responsibility Counseling

Attorney Ellen Brotman offers ethics advice to attorneys in the private and public sphere, in-house counsel, and law firms of any size. We provide ethics opinions on all aspects of the Rules of Professional Conduct, for use as internal guidance or expert testimony. 

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Who We Are

Attorney Ellen Brotman is admitted in Pennsylvania, District of Columbia and New York State.

BrotmanLaw PLLC, founded in 2017 by attorney Ellen Brotman, provides compassionate and effective legal counsel. With more than three decades of experience, Ellen Brotman represents individuals and law firms before disciplinary and licensing boards, offering seasoned guidance for professionals facing potential sanctions. She also provides ethics opinions to lawyers and law firms. From its locations in Philadelphia, Pennsylvania and Washington, DC, BrotmanLaw PLLC successfully navigates clients through all stages of their matters, from initial investigation to appeal. Ellen Brotman is a frequent speaker and writer on professional responsibility and ethics. Attorney Ellen Brotman is admitted in Pennsylvania, District of Columbia and New York.

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Recognition, Awards & Certifications

Memberships & Community Involvement

Our Locations

Philadelphia, PA

Washington, DC

FAQs

Responding to a Disciplinary Complaint

I received a letter from the Office of Disciplinary Counsel. What do I do?

  • First, don’t panic! A disciplinary complaint will come to you as a “Request for Respondent’s Position” and that is exactly what it is: a chance for you to respond to a complaint. The Office of Disciplinary Counsel (“ODC”) has heard one side of the story, usually from a client, but sometimes from a Judge or opposing counsel. Now they are requesting your side of the story. Many disciplinary inquiries are resolved at the “complaint” stage once the facts are fully explained.
  • Check your malpractice coverage. You should have at least some coverage for disciplinary defense. Many insurance companies have panels of attorneys they recommend for this defense at a reduced rate. However, you are not obligated to use the “insurance panel” attorneys. Depending on your coverage, you can select your own attorney and negotiate a rate to be paid by the insurer.
  • The Response to the complaint is due within 30 days of the date of the letter, but there is flexibility here if you need it. Contact the ODC attorney who has sent you the letter and ask for additional time, up to an additional 30 days. Do not discuss the merits of the matter before you have counsel, but be polite and considerate of the ODC attorney’s time.
  • The letter from ODC may close with a request for documents. Be sure that any new due date includes the date for producing those documents.
  • Seek legal counsel. Disciplinary practice is a highly specialized area with three sets of Rules that apply: the Rules of Professional Conduct, the Pennsylvania Rules of Disciplinary Enforcement, and the Disciplinary Board Rules. Understanding these Rules and the cases that interpret them is essential to providing a good response.
  • Failure to cooperate with the Office of Disciplinary Counsel is an aggravating factor in determining a sanction for any misconduct. Prepare a thorough, accurate, and well-organized response to the ODC’s letter, providing clear documentation of the facts. Accept responsibility for your errors and do what you can to proactively remedy them.