On-Demand Video
CC

Representation of Attorneys in Disciplinary Investigations


  • City:
  • Start Date:2024-01-11 19:00:00
  • End Date:2026-01-11 19:00:00
  • Length:
  • Level:Intermediate
  • Topics:Ethics

$199.00 ProPass

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Overview

Lawyers face ethical issues all the time, from conflicts of interest to issues with their IOLTA accounts to concerns with how to deal with clients, and more. If you are considering representing someone through a disciplinary proceeding, this course will provide a firm foundation for getting started.  The early and confidential “informal” stage of a disciplinary investigation, from submission of a complaint to the decision to file charges or enter into a consent petition, is both little understood and critical to whether and how harshly a respondent-attorney will be sanctioned. Many respondents cannot afford representation at this stage and make mistakes that turn a dismissal into discipline or private discipline into a suspension or worse. Along with PBA, the Disciplinary Board is establishing a program to train volunteer lawyers to provide pro bono advice, consultation, and representation to financially eligible respondents in this informal stage.  This program provides education and training on representing respondents in this early stage for attorneys interested in volunteering in this program as well as for all attorneys interested in learning about this crucial and largely misunderstood phase of the disciplinary process. Topics include:
  • Overview of the program: Which respondents are eligible; means testing, inquiries about insurance; and scope of the representation and representation agreements.
  • The Complaint intake process
  • Respondent’s counsel first meetings with the Respondent
  • Investigation in the Districts leading to the DB-7 (or dismissal)
  • Answering the DB-7
  • Consent petitions
  • The value of a case
All attendees will receive the course book as a digital download. Co-sponsored with the PBA Legal Ethics & Professional Responsibility Committee Recorded in January 2024.

Faculty

Jana Palko Esq.

Jana Palko is Disciplinary Counsel-in-Charge, Central Intake, for the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Supreme Court of Pennsylvania. Prior to this position, she was a Litigation Manager at Cordell & Cordell, where she represented clients in various family court matters. Prior to this position, she was a Senior Associate Attorney with the Family Legal Center, LLC., handling family court, criminal, and estate matters. She clerked for the Honorable John F. DiSalle, assisting with cases in the areas of family, criminal, and civil law. During and briefly after law school, she clerked for ODC and the late Honorable John A. Zottola. She is a graduate of the University of Pittsburgh School of Law (J.D., cum laude) and Chatham University (B.A., summa cum laude.)

Elizabeth Livingston Esq.

Ms. Livingston is trial counsel at the Office of Disciplinary Counsel (ODC), District II for the Disciplinary Board of the Supreme Court of Pennsylvania. She brings her extensive litigation and conflict-management experience to bear on investigating and evaluating allegations of attorney misconduct, and she collaborates with auditors, investigators, Counsel-In-Charge, and Deputy Chief and Chief Disciplinary Counsel to prosecute ethics complaints in pursuit of discipline against an attorney’s license to practice law within The Commonwealth of Pennsylvania. Ms. Livingston regularly coordinates with other jurisdictions governing the practice of law, the judiciary, and federal and state organizations. She also evaluates applications for reinstatement to the practice of law in Pennsylvania. Before joining ODC, Ms. Livingston worked as an associate in private practice for several small and mid-sized Philadelphia-area law firms. Among other accolades, Ms. Livingston was named a 2016 Lawyer on the Fast Track by The Legal Intelligencer, served as a 2016 Fellow to the Leadership Council on Legal Diversity (LCLD), and has published articles on topics such as alternative dispute resolution, employment law, attorney-client privilege, products liability, and data breach. Ms. Livingston earned her B.A. from The College of New Jersey, M.A. from the University of Delaware, and J.D. from Rutgers Law School. Ms. Livingston received post-doctoral training in trial advocacy from the National Institute for Trial Advocacy (NITA) and in appellate advocacy from the National Organization of Bar Counsel (NOBC). Ms. Livingston serves on the NOBC Current Developments Committee.

Robert Davis Jr., Esq.

Mr. Davis, is still, after 50 years of practice in Georgia, West Virginia and Pennsylvania, actively engaged in the solo private practice of law in Harrisburg, PA.  After 21 years as bar counsel and ethics prosecutor in all three states, his current  practice focuses upon representation and advice to lawyer respondents, judicial officers, government employees and officials and others in Pennsylvania and West Virginia before professional and judicial discipline boards and the State Ethics Commission. He counsels law firms,  lawyers,  judges, government officials and employees and other professionals on questions of professional responsibility, ethics, malpractice avoidance and the law of lawyering. He also provides advisory opinions and serves as an expert witness on questions of professional responsibility, ethics, fiduciary duties of lawyers and other professionals  and the law of lawyering.   Mr. Davis has taught numerous classes and seminars on legal ethics and professionalism and malpractice avoidance for the Widener University Law School, the Pennsylvania Bar Institute, Pennsylvania Bar Association, Dauphin County Bar Association and a number of other state and private continuing education organizations.  He provides written materials for most of the CLE classes he has taught and has occasionally written articles for publication on ethics and professional responsibility topics. Mr. Davis is an adjunct professor at the Widener University- Commonwealth School of  Law in Harrisburg since 1994, teaching professional responsibility and an advanced ethics problems seminar.  He is the 2004 recipient of the Adjunct Faculty Distinguished Service Award from Widener. He currently serves as an active Co-Vice-Chair of the Pa Bar Association Committee on Ethics and Professional Responsibility.   

Laura Mohney Esq.

Ms. Mohney joined the Disciplinary Board’s Executive Office in 1995 and has served as Counsel to the Board for more than two decades. She received her B.A. in political science from Albright College in 1989 and her J.D. from The Dickinson School of Law in 1992.   

Raymond Wierciszewski Esq.

Mr. Wierciszewski joined the Office of Disciplinary Counsel in 1996.  In 2003, he was named the Counsel-in-charge of the District II Office.  In 2020, he was named Deputy Chief Disciplinary Counsel.  Prior to joining ODC, he was an associate in the litigation department of a Philadelphia law firm.  He received his B.A. with honors in political science from Haverford College in 1987 and his J.D. with high honors from  Duke University School of Law in 1990.

Amy J. Coco, Esq.

Amy Coco is a shareholder in the Pittsburgh firm of DiBella Weinheimer. For 30 years, she has focused her practice on Professional Responsibility. She represents lawyers, judges and law students; including in civil litigation matters, ethics, professional licensure and professional responsibility representation and counseling; risk management and law practice management counseling. She is the President Elect for the Allegheny County Bar Association and served six years as a Governor on the ACBA Board. She is the current chair of the ACBA’s Nominating Committee. She is a past Chair of the ACBA’s By-Law’s Committee for many years and was a past Chair of and is currently a Duty Officer for the ACBA’s Professional Ethics Committee. She also served on Council for the Solo and Small Firm Section and chaired subcommittees for Women in the Law Division. From May 2021 to May 2024, she served as the Pennsylvania Bar Association’s Woman At Large Governor and from 2022 to 2024 she was Chair of the PBA’s Diversity Equity and Inclusion Team. She is Vice Chair of the PBA’s Legal Ethics and Professional Responsibility Committee. She is the Director of Pitt Law School’s Incubator program helping lawyers set up solo practices. She is also a Washington County and Philadelphia County Bar Association member and a member of the Association of Professional Responsibility Lawyers. She frequently lectures and writes on issues related to lawyer’s professional liability, DEI and lawyer’s ethical responsibility and licensure matters. Ms. Coco is named in The Best Lawyers in America® for Professional Responsibility and Ethics. Ms. Coco has been named as a Pennsylvania Super Lawyer annually since 2018 and was named a Top 50 Lawyer in Pittsburgh in 2022. She received her law degree from the University of Pittsburgh School of Law, magna cum laude, in 1994 and her B.A. in Journalism from Indiana University Bloomington, IN in 1989.

Daniel J. Siegel, Esq.

Attorney Daniel J. Siegel is a nationally recognized authority on ethics, technology, data protection and business workflow management, and the principal of both the Law Offices of Daniel J. Siegel, LLC and Integrated Technology Services, LLC. Dan provides techno-ethics counsel to solo, small and mid-sized law firms on cybersecurity, technology and other related issues. His practice includes representing of attorneys in disciplinary matters; providing professional responsibility guidance to attorneys and firms; serving as appellate counsel; and representing individuals in workers’ compensation and personal injury matters. Dan also consults with law firms and businesses on workflow management, implementation of paperless offices, and other productivity matters. Attorney Siegel is a prolific speaker and author, and serves as the Chair of the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility, and Past-Chair of the American Bar Association’s Professional Development Board Chair. The author of 15 books, Dan is a columnist and frequent lecturer on a wide range of topics, including ethics, technology, substantive law, appellate law, and professional responsibility matters. You can reach Dan at dan@danieljsiegel.com.

Thomas J. Farrell, Esq.

Thomas J. Farrell was appointed Chief Disciplinary Counsel for the Attorney Disciplinary Board of the Commonwealth of Pennsylvania in 2020. In this role he oversees disciplinary counsel and other staff throughout the four disciplinary districts in the Commonwealth. Before his appointment, Mr. Farrell was law clerk to the Honorable Gustave Diamond of the U.S. District Court in the Western District of Pennsylvania; a public defender in Brooklyn, NY; an Assistant United States Attorney in Pittsburgh; and or twenty-years a lawyer in a small-firm private practice active in complex civil and criminal matters, handling cases ranging from capital murder to public corruption and complex white-collar crimes, the defense of lawyers and doctors, whistle-blower cases, and appearances before Congressional committees which were investigating the use of performance-enhancing drugs in Major League Baseball. He is the author of Criminal Defense Tools and Techniques (James Publishing 7th ed. 2017), and co-author of the Third Circuit Criminal Handbook (Matthew Bender, Rev. Ed. 2018) as well as numerous professional articles on ethics and criminal practice and procedure. He sits on the boards of non-profit organizations which aim to assist citizens returning from prison in their re-entry. He teaches Professional Responsibility as an adjunct professor at the Thomas R. Kline Duquesne University School of Law. Mr. Farrell received his B.A. degree from Yale University and his J.D. from the New York University School of Law.


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