Attorney Discipline Defense
Experienced, confidential representation for Pennsylvania attorneys and law firms facing disciplinary proceedings before the Disciplinary Board of the Supreme Court of Pennsylvania.
Receiving a complaint from the Office of Disciplinary Counsel (ODC) is one of the most stressful events in a lawyer’s professional life. At BrotmanLaw PLLC, attorney Ellen Brotman has spent more than two decades defending Pennsylvania attorneys and law firms at every stage of the disciplinary process — from initial investigations through formal hearings, appeals, and reinstatement proceedings.
Attorney discipline defense is a highly specialized practice that requires deep knowledge of three overlapping sets of rules: the Pennsylvania Rules of Professional Conduct, the Pennsylvania Rules of Disciplinary Enforcement, and the Disciplinary Board Rules. Ellen Brotman knows these rules — and the cases that interpret them — in depth.
How We Can Help
ODC Investigations & Complaint Responses
When you receive a “Request for Respondent’s Position,” the clock starts immediately. Ellen Brotman will analyze the complaint, gather evidence, and craft a thorough, persuasive response designed to resolve the matter at the earliest possible stage. Failure to respond — or a poorly framed response — can escalate a minor complaint into formal proceedings.
Formal Disciplinary Hearings
If a matter proceeds to a formal complaint and hearing before a Hearing Committee of the Disciplinary Board, experienced advocacy is essential. Ellen has conducted dozens of disciplinary hearings and understands how to present mitigation, challenge the ODC’s case, and protect your license.
Petitions for Discipline & Negotiated Consent Discipline
In appropriate cases, negotiating a disciplinary agreement on consent can limit exposure and protect your reputation. Ellen Brotman advises clients candidly about the realistic range of outcomes and helps structure the most favorable resolution possible.
Reinstatement of Suspended or Disbarred Attorneys
Pennsylvania allows suspended and disbarred attorneys to petition for reinstatement. Ellen Brotman represents attorneys through this demanding process, including preparation of the reinstatement petition, gathering evidence of rehabilitation, and appearing before the Disciplinary Board.
IOLTA Audits & Client Security Fund Matters
Trust account issues are among the most common triggers for disciplinary action. Ellen Brotman helps attorneys respond to IOLTA audits and Pennsylvania Lawyers’ Client Security Fund claims, and advises on best practices to avoid future problems.
CLE & Attorney Registration Issues
Missed CLE requirements or registration deadlines can lead to administrative suspension. Ellen Brotman helps attorneys resolve these issues promptly and restore their good standing.
What to Expect When You Contact Us
All consultations are strictly confidential. During your initial consultation, Ellen Brotman will review the complaint or matter at issue, explain the applicable rules and procedures, assess the likely trajectory of the proceedings, and outline a strategy tailored to your situation. There is no obligation to retain the firm after the initial consultation.
Frequently Asked Questions
What should I do if I receive a letter from the Office of Disciplinary Counsel?
Do not panic. The letter is a “Request for Respondent’s Position” — an opportunity to tell your side of the story. Check your malpractice coverage for disciplinary defense benefits, note the 30-day response deadline (extensions are generally available upon request), and do not discuss the merits of the matter before you have retained qualified counsel. Contact BrotmanLaw PLLC as soon as possible.
How long does a Pennsylvania disciplinary proceeding take?
Timelines vary significantly. A well-handled response at the complaint stage may result in dismissal within a few months. Formal proceedings involving Hearing Committee hearings, Disciplinary Board review, and potential Supreme Court consideration can take one to three years or more.
Can a suspended or disbarred Pennsylvania attorney be reinstated?
Yes. Reinstatement is available, though the process is rigorous and requires demonstrating rehabilitation, fitness to practice, and compliance with all conditions of the prior discipline. Ellen Brotman has guided attorneys through reinstatement proceedings successfully.
Does my malpractice insurance cover attorney discipline defense costs?
Most professional liability policies include some coverage for disciplinary defense. Review your policy carefully and notify your insurer promptly. You are not required to use the insurer’s panel attorneys — you may select your own qualified counsel and negotiate coverage of the fee.
Facing a Disciplinary Complaint? Time Matters.
The sooner you retain experienced counsel, the more options you have. Contact BrotmanLaw PLLC today for a confidential consultation with attorney Ellen Brotman.
Phone: 215-217-1118
Email: ebrotman@ellenbrotmanlaw.com