Ellen A. Pansky

Ellen A. Pansky cofounded Pansky Markle Attorneys at Law in 1989 with her late husband, R. Gerald “Jerry” Markle.

In her work defending lawyers, Pansky has had several significant successes. In one high-profile case, she formulated an argument for dismissal based on time-barred allegations, which resulted in the dismissal of substantial claims. The decision was appealed, but the reviewing court affirmed it, and the charges were dismissed with prejudice.

Pansky has also successfully represented clients in the closure of State Bar investigations relating to the new Client Trust Account Protection Program (CTAPP). The State Bar is vigorously investigating IOLTA account transactions following the disbarment of Thomas Girardi and the institution of the CTAPP process. Pansky emphasizes the importance of being vigilant in compliance with CTAPP, but also of highlighting the remedial measures taken by a lawyer to come into compliance and avoid discipline.

“It is always a challenge to represent lawyers in high-profile cases. Attorney-client privileged and work product privileged materials must be protected and preserved,” Panksy said. “It is imperative to refrain from responding to press inquiries in a manner that even potentially discloses privileged information. Framing responses to charges in documents that are publicly available takes great care.”

As far as future trends, Pansky noted a concern voiced by many of her peers.

“Artificial intelligence is the most contentious issue in legal ethics circles in 2024, followed closely by the extent to which a lawyer’s ‘personal interests’ create conflicts of interests,” she said.

Pansky also sits on the State Bar’s ad hoc commission on the discipline system.