Attorney Discipline Defense

If you have received a complaint from the Office of Disciplinary Counsel or are facing proceedings before the Disciplinary Board of the Supreme Court of Pennsylvania, you need counsel who knows the process, the prosecutors and the precedent. Disciplinary defense is distinct from legal malpractice or civil defense and your response to the initial inquiry will affect everything that follows.

Ellen Brotman focuses her practice on defending lawyers in disciplinary cases and assisting lawyers on a wide range of ethical issues in reinstatement proceedings from administrative or disciplinary suspensions or disbarment. She also advises law firms and lawyers in transactional, litigation and law firm matters.

For a complete overview of how the Board operates, visit our guide to the PA Disciplinary Board.

Pennsylvania attorney disciplinary proceedings follow a structured process — and each stage requires a careful, strategic response. Understanding what to expect helps attorneys make informed decisions from the moment a complaint arrives.

Stage 1: The Complaint and Initial Investigation
When the Office of Disciplinary Counsel receives a complaint, it conducts a preliminary review. If the complaint is not dismissed outright, you may receive a Request for a Statement of Respondent’s Position. This document asks you to respond to the allegations in writing, under oath. How you respond at this stage — and whether you respond at all without counsel — will significantly shape the outcome of the entire proceeding. Many matters are resolved at this stage with the right response.

Stage 2: Formal Investigation
If the matter proceeds, Disciplinary Counsel may conduct a more formal investigation, which can include requests for documents, witness interviews, and subpoenas. Having experienced disciplinary defense counsel at this stage ensures your rights are protected and that nothing in your cooperation inadvertently creates additional exposure.

Stage 3: Formal Charges and Hearing
If Disciplinary Counsel concludes that formal charges are warranted, a Petition for Discipline is filed. The matter then proceeds to a hearing before a Hearing Committee of the Disciplinary Board. Ellen has appeared before Hearing Committees, the full Disciplinary Board, and the Pennsylvania Supreme Court on disciplinary matters.

Stage 4: Disposition
Possible outcomes range from dismissal or informal admonition to public reprimand, probation, suspension, or disbarment. In appropriate cases, Ellen negotiates consent discipline — a negotiated resolution that can minimize the public impact and allow an attorney to move forward.

Early representation by an experienced attorney disciplinary defense lawyer is the single most effective step you can take to protect your license.

When the Office of Disciplinary Counsel receives a complaint about an attorney from a client, opposing counsel, a judge, or another source, you may receive a Request for a Statement of Respondent’s Position which requires you to respond to the allegations. Lawyers have an obligation under the Pennsylvania Disciplinary Rules of Enforcement to provide a full and complete verified answer. The correctly drafted response can resolve the issue entirely. BrotmanLaw has the experience and expertise you need to draft the response that will get the best result.

BrotmanLaw handles Office of Disciplinary Counsel investigations including:

• 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 Hearing Committees and arguing before the Disciplinary Board of the Supreme Court of Pennsylvania, and the Pennsylvania Supreme Court
• Negotiating Discipline on Consent
• Reinstatement of suspended and disbarred lawyers from disciplinary or administrative suspension
• Formal disciplinary hearings before the Disciplinary Board
• Consent discipline negotiations
• IOLTA audits and Client Security Fund matters
• CLE and registration issues
• Reciprocal discipline proceedings
• Trust account violations and fee disputes
• Competence and neglect complaints
• Conflicts of interest matters
• Unauthorized practice of law issues
• Matters involving substance abuse or mental health problems