Ethics & Professional Responsibility Counseling
Candid, authoritative ethics guidance for attorneys, in-house counsel, and law firms — before a problem becomes a crisis.
The Pennsylvania Rules of Professional Conduct govern virtually every aspect of a lawyer’s professional life — from the moment of engagement through the conclusion of representation and beyond. When a professional responsibility question arises, the cost of getting it wrong can be severe: disciplinary sanctions, malpractice liability, or damage to a career built over decades.
Attorney Ellen Brotman provides ethics opinions and professional responsibility counseling to attorneys in private practice and in-house, and to law firms of every size. As a Special Advisor to the ABA Standing Committee on Ethics and Professional Responsibility, a quarterly columnist in the Legal Intelligencer, and a frequent speaker on professional responsibility topics, Ellen brings a depth of expertise that is unmatched in this specialized area.
Ethics Counseling Services
Ethics Opinions for Internal Guidance
When you face a novel professional responsibility question — whether involving fees, conflicts, client communication, confidentiality, or any other aspect of practice — a written ethics opinion from a recognized authority provides both guidance and protection. Ellen Brotman prepares thorough, well-reasoned ethics opinions that can be relied upon internally and, where appropriate, shared with clients, courts, or disciplinary authorities.
Ethics Opinions for Expert Testimony
In legal malpractice litigation, disciplinary proceedings, and other matters where professional conduct is at issue, expert testimony about the applicable standard of care is often decisive. Ellen Brotman provides expert opinions on the Pennsylvania Rules of Professional Conduct and serves as a testifying expert in appropriate cases.
Counseling for In-House Counsel
In-house counsel face a distinctive set of professional responsibility challenges. Who is the client? What are the reporting obligations when misconduct is discovered? How does the attorney-client privilege operate in a corporate context? What happens during an internal investigation? Ellen Brotman advises general counsel and in-house lawyers on these issues with the same rigor she applies in private practice matters.
Ethics Counseling for Law Firms
Law firms — from solo practitioners to large regional firms — benefit from proactive ethics counsel. Ellen Brotman advises firms on compliance programs, supervision obligations, advertising and fee agreement review, trust account management, and the host of other professional responsibility questions that arise in day-to-day practice.
Confidentiality, Privilege & Technology Issues
The digital age has created an evolving frontier of professional responsibility questions. What are a lawyer’s obligations when client data is breached? What are the ethical limits of generative AI use in legal practice? What does competence require in a technology-dependent practice environment? Ellen Brotman has written and spoken extensively on these issues and advises attorneys on navigating them.
Ethics Issues in Criminal Defense & White Collar Practice
Ellen Brotman has a particular depth of experience advising criminal defense attorneys — private practitioners and public defenders — on the professional responsibility dimensions of their work, including joint representations, cooperation agreements, client communication, and the limits of advocacy.
A Recognized Authority on Legal Ethics
Ellen Brotman’s professional responsibility credentials include:
- Special Advisor, ABA Standing Committee on Ethics and Professional Responsibility (July 2024 – present)
- Quarterly columnist, “Professional Conduct” column, The Legal Intelligencer
- Ethics Corner author, For the Defense, Pennsylvania Association of Criminal Defense Lawyers
- Member, Professional Guidance Committee, Philadelphia Bar Association
- Member, Professional Responsibility Committee, Pennsylvania Bar Association
- Frequent CLE presenter on professional responsibility for the ABA, PBI, NACDL, PACDL, and others
- Author of PA Legal Ethics, an ongoing blog on Pennsylvania professional responsibility developments
Ethics Counseling: Frequently Asked Questions
When should a lawyer seek a formal ethics opinion?
Attorneys should seek a formal ethics opinion when facing a novel or complex professional responsibility question, when a situation could expose them to disciplinary liability, or when they need documented support for a course of action — for example, in litigation, in a bar complaint response, or in communicating a difficult decision to a client.
Can an ethics opinion from Ellen Brotman be used as expert testimony?
Yes. Ellen Brotman provides ethics opinions and expert reports suitable for use as expert testimony in legal malpractice cases, disciplinary proceedings, and other litigation where professional responsibility standards are at issue.
Does BrotmanLaw PLLC advise in-house counsel?
Yes. Ellen Brotman advises in-house counsel on the distinctive professional responsibility challenges of corporate practice — including the identity of the organizational client, reporting up obligations, attorney-client privilege in the corporate context, and the ethics of internal investigations.
Does the firm advise on ethics issues in states other than Pennsylvania?
The firm’s primary focus is the Pennsylvania Rules of Professional Conduct. Ellen Brotman is also admitted in the District of Columbia and New York and advises on professional responsibility issues in those jurisdictions. For matters governed by other states’ rules, Ellen can advise on the applicable ABA Model Rules framework and the general principles that most state rules share.
Need Ethics Guidance? Don’t Wait.
Professional responsibility questions rarely get easier with time. Contact BrotmanLaw PLLC for a confidential consultation with attorney Ellen Brotman — one of Pennsylvania’s most recognized authorities on legal ethics.
Phone: 215-217-1118
Email: ebrotman@ellenbrotmanlaw.com