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Mr. Burger is a national leader in legal ethics, legal malpractice, and the law governing lawyers. He has been representing prominent law firms and lawyers for over two decades.

Practice

Selected repeatedly as a Best Lawyer® in Ethics and Professional Responsibility by Best Lawyers of America© and as a Super Lawyer® in Professional Liability Defense, Art litigates in the areas of legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, Bar disciplinary proceedings, and matters before the Office of Enrollment and Discipline of the U.S. Patent and Trademark Office. He also serves as outside counsel to law firms and provides guidance regarding potential conflicts of interest and other ethical dilemmas.

Specialized Experience

In addition to his experience as a practitioner, Art has a deep background in the jurisprudence of ethics law. He was a member of the Editorial Board of the ABA/Bloomberg Law-Lawyers’ Manual on Professional Conduct and is an Adjunct Professor at the Antonin Scalia Law School of George Mason University, teaching a night class in Professional Responsibility. He was a member of the ten-person American Bar Association (ABA) Committee on Ethics and Professional Responsibility from 2014 to 2017; an elected District of Columbia Bar Delegate to the ABA House of Delegates from 2011 to 2012, where he worked with the ABA Ethics 20/20 Commission; a member of the District of Columbia Bar Legal Ethics Committee from 2003 to 2009; a member of the District of Columbia Bar Rules of Professional Conduct Review Committee from 1998 to 2004; and he has taught numerous District of Columbia Bar continuing legal education courses (CLE) on legal ethics and has lectured around the country.

Expert Witness Testimony

Art also serves as an expert witness on legal ethics and the standard of care for lawyers. In Diamond Resorts vs. Newton Group Transfers, LLC, 2022 WL 1642865 (S.D. Fla. 2022), the court found him “more than qualified to give his expert opinion in matters of legal ethics.”

“Nothing great […] has ever been accomplished without passion.” ~ Georg Wilhelm Friedrich Hegel

Origins

Grew up playing stickball in Queens, New York.

Art Burger, D.C. Bar Delegate, speaks to the ABA House of Delegates in August of 2011, during a debate on an amendment to the Model Rules of Professional Conduct. Art Burger, seen on the right, co-teaching a D.C. Bar CLE course on conflicts of interest in May of 2018 with D.C. Deputy Disciplinary Counsel, Julia Porter.
Art Burger, presenting a D.C. Bar CLE Webinar on legal ethics on March 3, 2022. Art Burger with Zach Warren, Editor-in-Chief of Legaltech News, during a presentation at Legalweek in New York on March 11, 2022.

Art Burger, in the center, speaks on a panel on legal ethics issues in connection with the use of generative AI by lawyers at the American University Law Review Annual Symposium on February 9, 2024.

 

Speaking Engagements/Publications

  • “Part II-Discussion of Common Ethical Dilemmas.” D.C. Bar, March 15, 2023.
  • “Ethics in Fee-Shifting Cases.” Metropolitan Washington Employment Lawyers Association, March 3, 2023.
  • “When to Hang Up the Phone-Hazards of Talking to Prospective Clients” Bloomberg Law, May 5, 2022.
  • “” District of Columbia Bar. March 3, 2022.
  • “New Rules & New Realities: Ethically Managing Remote Work.” Legalweek 2022. February 3, 2022.
  • “Luddites Out, Remote Work In for Legal Ethics Post Pandemic.” Bloomberg Law, US Law Week. March 22, 2021.
  • “Conflict of Interest Issues for Intellectual Property Lawyers: Problems and Solutions.” IP Litigator Magazine, vol. 25, no. 4. 2019.
  • “Strengthen and Update Internal Risk Management.” ABA National Conference on Professional Responsibility. Vancouver, Canada. 2019.
  • “Ethics issues for intellectual property practitioners.” ABA Intellectual Property Law Annual Meeting. Arlington, Virginia. 2019.
  • “Regarding claims of aiding and abetting.” National Legal Malpractice Conference of the ABA. Las Vegas, Nevada. 2018.
  • “When Clients Go Rogue.” ABA National Conference on Professional Responsibility. Louisville, Kentucky. 2018.
  • “Ethics in a Changing World.” Federal Communications Bar. Washington, D.C. 2018.
  • “Motions to Disqualify.” Annual AON Law Firm Symposium. Washington, D.C. 2017.
  • Annual ABA/CPR Conference. Denver, Colorado. 2015.
  • “Advance Waivers: Be Specific Or Don’t Count On Them.” BA/BNA Lawyers’ Manual On Professional Conduct. 2015.
  • Trial Lawyers Association of Metropolitan Washington, D.C. 2014.
  • “Ethics Rules and Lawyers’ Civil Liability.” Association of Professional Responsibility Lawyers Conference. Boston, Massachusetts. 2014.
  • “Ethics Update.” Women’s Bar Association of the District of Columbia, 2013.
  • “Conflicts of Interest in Rule-Making Matters.” Federal Communications Bar Association. 2013
  • “Ethics Tips.” Trial Lawyers Association of Metropolitan Washington, D.C. 2013
  • “Ethics in Representing Organizations.” NABCA Conference, 2013.
  • “Floor Debate on ABA Model Rules Amendment.” ABA Annual Meeting. Washington, D.C. 2012.
  • “Joint Representation in IP Litigation.” Strafford Webinar. 2012.
  • “Year One As An ABA Delegate.” Washington Lawyer. 2012.
  • “Ethics in Employment Law.” American Law Institute-ABA Webinar. 2011.
  • “Ethics Rules For Tax Attorneys.” Federal Bar Association. 2010.
  • “Probate Section of the District of Columbia Bar CLE.” Ethics Panel of the District of Columbia Bar Counsel. 2008.
  • “Legal Ethics for U.S. Lawyers.” International Law Institute. 2007, 2008, 2009.
  • “Ethics Issues Regarding Additional Insureds.” Mealey’s Course. Chicago, Illinois. 2007.
  • “Ethics Issues Regarding In-House Counsel.” Mealey’s Telephone Course. 2006.
  • “Ethics Issues Re Additional Insureds.” Mealey’s Course. Boston, Massachusetts. 2006.
  • Annual Conference of the Federal Energy Bar. 2004.
  • National Association of Attorneys General at the University of Mississippi Law School. 2004.
  • CLE courses on various aspects of legal ethics regularly presented for the District of Columbia BAR. 1998 through 2022.