Frequently Asked Questions

Responding to a Disciplinary Complaint (DB-7)

• I received a DB-7 letter from the Office of Disciplinary Counsel. What does that mean?

  Many DB-7s are resolved favorably at the response stage — but only when the response is thorough, accurate, and strategically framed. Consulting with experienced disciplinary defense counsel before you respond is the single most important step you can take to protect your license.

• What should I do first when I receive a DB-7?

  Don’t panic. Receiving a DB-7 does not mean discipline is inevitable. Many complaints are dismissed after ODC reviews the respondent’s response and conducts its own investigation.

  Check your malpractice coverage immediately. Most policies include some coverage for disciplinary defense. You may have the right to select your own counsel rather than an insurer’s panel attorney — review your policy carefully.

  Your response is due within 30 days, but extensions are available. Contact the ODC attorney and request additional time — up to 30 more days. Do not discuss the merits before retaining counsel, but be professional and courteous.

  If the DB-7 includes a document request, ensure your extended deadline covers document production as well.

  Retain specialized counsel before responding. Disciplinary practice involves three distinct sets of rules: the Rules of Professional Conduct, the Pennsylvania Rules of Disciplinary Enforcement, and the Disciplinary Board Rules. Anything you say or write to ODC can affect your career, your reputation, and your license.

• Can I still practice law while a DB-7 complaint is pending?

  Yes. Receipt of a DB-7 does not suspend or restrict your ability to practice law. There are specific procedural requirements that must be satisfied before ODC can recommend any sanction, and the process from initial complaint to final disposition takes considerable time. However, this is not a reason to be complacent — ignoring a DB-7 or responding inadequately can significantly worsen your situation.

• Do I have to respond to the DB-7?

  Yes. Failure to respond to a DB-7 is itself a violation of the Rules of Disciplinary Enforcement and will be treated as an aggravating factor in any subsequent proceeding. A thorough, accurate, and well-organized response — with clear documentation — is your best opportunity to resolve the matter before it escalates.

The Attorney Discipline Hearing Process

• What happens after I respond to the DB-7?

  ODC will review your response and either close the matter, issue private discipline (informal admonition or private reprimand), or open a formal investigation. If the matter proceeds to formal investigation, ODC will conduct interviews and gather additional evidence before deciding whether to file a Petition for Discipline.

• Are disciplinary proceedings public?

  It depends on the stage. Informal admonitions and private reprimands are not public. However, once a Petition for Discipline is filed, the proceedings become public — even if the matter is ultimately dismissed. This means that the reputational risk of allowing a matter to reach the formal charges stage is significant, regardless of the outcome.

• What does a formal disciplinary hearing look like?

  Formal hearings are conducted before a Hearing Committee of the Disciplinary Board — typically a panel of two attorneys and one layperson. The hearing resembles a bench trial: both sides present evidence, examine witnesses, and make legal arguments. A court reporter transcribes all proceedings. The Hearing Committee then issues a report and recommendation to the full Disciplinary Board.

• How long does the disciplinary process take?

  There is no time limit under the rules, and the process can be lengthy. A DB-7 resolved at the response stage may close within 60–90 days. A matter that proceeds through formal investigation, hearing, and Board review can take one to three years or longer. Patience and consistent cooperation with counsel throughout the process is essential.

• What are the possible outcomes of a disciplinary proceeding?

  Outcomes range from outright dismissal to private discipline (informal admonition or private reprimand) to public discipline including public censure, probation, suspension of up to five years, or disbarment of at least five years. The Pennsylvania Supreme Court has final authority over all public discipline. Any suspension of more than one year or disbarment requires a separate formal reinstatement proceeding before the attorney may return to practice.

AI Ethics for Attorneys

• What are my ethical obligations when using AI in my law practice?

  Pennsylvania attorneys using AI tools are subject to the same core ethical duties that govern all aspects of practice: competence, confidentiality, supervision, and candor. Using AI does not reduce your professional responsibility — it shifts how you fulfill it. You must understand the tools you use well enough to identify errors, and you must supervise AI output as carefully as you would the work of any associate or staff member.

• Can I use AI to draft briefs or legal documents?

  Yes, but with important caveats. You remain fully responsible for the accuracy and completeness of everything you file. AI tools have been known to generate citations to cases that do not exist — a serious problem that has already resulted in sanctions against attorneys who submitted AI-generated filings without independent verification. Always verify every citation and legal proposition before filing, regardless of the source.

• What confidentiality risks does AI present?

  Many AI tools process and store user inputs on external servers. Entering client information, case facts, or privileged communications into a public AI platform may constitute a disclosure of confidential information in violation of Rule 1.6. Before using any AI tool in your practice, review its data handling and retention policies carefully. Determine whether client data can be excluded from training or storage, and consider whether a data processing agreement is appropriate.

• Are there formal ethics opinions on AI use for Pennsylvania attorneys?

  The Pennsylvania Bar Association and the ABA have both issued guidance on AI and attorney ethics. The ABA Standing Committee on Ethics and Professional Responsibility, on which Ellen Brotman serves, continues to develop formal guidance in this rapidly evolving area. Pennsylvania attorneys are advised to monitor developments closely and to consult ethics counsel proactively when uncertainty arises — before a problem develops, not after.

Hiring Disciplinary Defense Counsel

• Do I really need a lawyer to respond to a DB-7?

  While you are not required to have counsel, it is strongly advisable. Your written response to the DB-7 is your single most important opportunity to shape how ODC views your matter. A poorly written response — even one that is factually accurate — can inadvertently aggravate the situation, omit key mitigating facts, or fail to frame the issues in the way most favorable to you. The stakes — your license, your livelihood, your reputation — warrant experienced representation.

• Why should I hire a specialist rather than my regular outside counsel?

  Disciplinary defense is a distinct practice area. General litigators and transactional attorneys, however skilled, typically lack familiarity with the Disciplinary Board Rules, the procedural posture of ODC investigations, and the mitigating factors that matter most to Hearing Committees. An attorney with substantial disciplinary defense experience will recognize issues and opportunities that a generalist is likely to miss.

• What should I look for in a disciplinary defense attorney?

  Look for someone with substantial experience appearing before the Pennsylvania Disciplinary Board, direct familiarity with the ODC process, and a track record of handling matters at every stage — from DB-7 response through Supreme Court review. Experience in ethics counseling is also valuable, as it reflects deep fluency in the Rules of Professional Conduct that underlie every disciplinary matter.

• How much does disciplinary defense representation cost?

  Costs vary depending on the complexity of the matter and how early it is resolved. Many malpractice insurance policies include coverage for disciplinary defense — review your policy carefully and understand any panel attorney requirements. Regardless of coverage, investing in experienced counsel at the DB-7 stage is almost always more cost-effective than self-representing and addressing complications at a later, more serious stage of the proceedings.