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 hire disciplinary defense 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.
