Publications
Ellen Brotman is a prolific author on attorney discipline, professional responsibility, and legal ethics. Her work appears regularly in The Legal Intelligencer, For The Defense (PACDL), law reviews, and the PA Legal Ethics blog.
2025
- “Lawyers: Uncle Sam Needs You” — Co-Author with Jules Epstein and Amy J. Coco, Legal Intelligencer, March 2025
- “Some New Twists and Old Tricks for an Ethical New Year” — Author, Legal Intelligencer, January 2025
2024
- “Using Generative AI: As the ABA Says, There’s a Rule (or Two!) for That!” — Author, Legal Intelligencer, August 2024
- “What Must Lawyers Do to Protect the Rule of Law?” — Author, Legal Intelligencer, March 2024
- “Disciplinary Docket: Trends for 2024” — Author, Legal Intelligencer, January 2024
2023
- “For Love or Money: Disciplinary Board Proposes Expansion of ‘Sexual Relations’ Definition” — Author, Legal Intelligencer, October 2023
- “Yikes! ABA’s Latest Ethics Opinion Prohibits Nonrefundable Fees: Does It Change Things in Pa.?” — Author, Legal Intelligencer, July 2023
- “Jump Into the Pool: Representing Multiple Witnesses in an Investigation” — Author, For The Defense, Vol. 8, Issue 1, March 2023
- “An Unscientific Analysis: Who Gets Disciplined and Why?” — Author, Legal Intelligencer, March 2023
2022
- “New Year’s Resolutions for an Ethical and Happy 2023” — Author, Legal Intelligencer, December 2022
- “The Importance of Private Discipline and Confidentiality in the Regulation of Attorneys” — Author, Legal Intelligencer, December 2022
- “Counseling Clients After ‘Dobbs’: Is It Legal Advice or Aiding and Abetting?” — Co-Author with Ellen Yaroshefsky, Legal Intelligencer, July 2022
- “ODC v Lynch: Why We Need a Rule of Professional Conduct that Prohibits Discrimination” — Co-Author, Legal Intelligencer, March 2022
- “Symposium: Pennsylvania Lawyers Behaving Badly: Is 8.4(g) A Solution?” — Co-Author, 50 Hofstra L. Rev. 521 (2022)
2021
- “Risky Business: A Refresher” — Author, For The Defense, Vol. 6, Issue 4, December 2021
- “2021 In Review: The Year In Ethics Opinions” — Author, Legal Intelligencer, November 2021
- “Preventive Medicine Is the Best Kind: Preparing for 2022 Now” — Author, Legal Intelligencer, November 2021
- “The Ethical Obligation to Protect Your Client’s Information From Cyber-Attack” — Author, For The Defense, Vol. 6, Issue 3, September 2021
- “Laterals on the Move: There’s A Rule For That!” — Co-Author, Legal Intelligencer, August 2021
- “Are You Committing the Unauthorized Practice of Law in Your Kitchen?” — Author, Legal Intelligencer, March 2021
2020
- “When the Client Doesn’t Hire You: Is There a Conflict?” — Author, For The Defense, Vol. 5, Issue 4, December 2020
- “When Morality Transcends the Law: Is the Death Penalty the Ultimate Test” — Co-Author, Legal Intelligencer, December 2020
- “Calm is Overrated – We Need to Take a Stand Now” — Author, Legal Intelligencer, October 2020
- “Ethical Succession Planning for Solo Firms: Exit Stage Right” — Author, For The Defense, Vol. 5, Issue 2, May 2020
- “Keep Calm and Carry On: Ethics in a Time of Stress” — Author, Legal Intelligencer, March 2020
2019
- “Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct” — Author, For The Defense, Vol. 4, Issue 4, December 2019
- “Tis The Season To Extend A Hand to Your Fellow Professional” — Author, Legal Intelligencer, November 2019
- “Pa. Supreme Court Gets Serious About Attorney Work Product Privilege” — Author, Legal Intelligencer, July 2019
- “Haters Gonna Hate: Ethically Responding to Negative On-Line Reviews” — Author, For The Defense, Vol. 4, Issue 2, May 2019
- “Process, Procedure and Prosecutorial Misconduct in Stacy Parks Miller Case” — Author, Legal Intelligencer, March 2019
- “Ethics Corner Cyber-Ethics: Recent Guidance on Pitfalls of Technology” — Author, For The Defense, Vol. 3, Issue 4, December 2018
2018 and Earlier
- “The Trump-Manafort Joint Defense Agreement – Urban Legend or Reality” — Author, Legal Intelligencer, December 2018
- “Perils of Joint Representation: Takeaways From the Cynthia Baldwin Matter” — Author, Legal Intelligencer, November 2018
- “Advice For The President’s New Lawyer: There’s A Rule For That” — Author, Legal Intelligencer, June 2018
- “A Spring Crop of Ethics Issues in Trump’s World” — Author, Legal Intelligencer, March 2018
- “Professional Conduct: Close the Curtain on 2016” — Author, Legal Intelligencer, December 2016
- “The Prosecutor’s Duty to Disclose Favorable Evidence: Giving RPC 3.8 Muscle” — Author, Legal Intelligencer, November 2016
- “NY In-State Office Requirement for Nonresident Lawyers” — Co-Author, Legal Intelligencer, June 2016
- “New Year’s Resolutions for a Happy Practice in 2016” — Author, Legal Intelligencer, December 2015
- “Dealing with the Press in High-Profile Cases: How to Neutralize the 13th Juror” — Author, ABA Litigation, Vol. 41, No. 4, Summer 2015
- “Strict Vicarious Criminal Liability for Corporations and Corporate Executives” — Co-Author, American Criminal Law Review, Vol. 51, 2014
- “Make Probation a Real Option at Sentencing” — Author, 23 Fed. Sent’g Rep. 257 (2011)
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