Overview

Art Burger represents lawyers and law firms in matters involving legal ethics, professional responsibility, and legal malpractice. With more than two decades of experience advising attorneys and firms, he helps clients navigate sensitive issues, manage risk, and respond to disputes that can affect their practices and professional obligations in the District of Columbia and Maryland.

Art brings a passionate, practical approach to advising lawyers and law firms on professional responsibility issues. His work includes guidance on potential conflicts of interest and other ethical obligations, representing lawyers in bar complaints, defending law firms in legal malpractice claims, and serving as an expert witness on legal ethics and the standard of care for lawyers.

Clients often turn to Art during some of the most stressful moments of their professional careers, seeking guidance on issues that can affect their reputations, licenses, and practices. Whether providing advice before an issue becomes a dispute or defending lawyers and firms once a claim has been made, he focuses on helping clients understand their options and move forward with clarity.

Art also serves as outside counsel to law firms, advising on professional responsibility issues and helping clients address ethical challenges before they become disputes.

A Queens native, Art grew up playing stickball in New York. He is also a devoted Nats fan.

Honors and awards

• Listed in Best Lawyers in America, Ethics and Professional Responsibility (2015-present)
• Named “Lawyer of the Year” by Best Lawyers for Ethics and Professional Responsibility Law, Washington, D.C. (2023)
• Listed in Super Lawyers, Washington D.C., Professional Liability Defense (2015-2026)
• Ranked AV Preeminent by Martindale-Hubbell Peer Review Ratings

Professional memberships

• ABA Legal Ethics Committee (2014-2017)

Reported Decisions

• Diamond Resorts v. Newton Group Transfers, LLC, 2022 WL 1642865 (S.D. Fla. 2022)

Speaking engagements

• “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.