Boston University School of Law

Arnold R. Rosenfeld

Education

Bowdoin College
A.B., cum laude, 1962

Boston College Law School
J.D., 1967

Professional Experience

Kirkpatrick & Lockhart, LLP.
Of Counsel (1999- present)

  • Represent clients in complex civil and criminal litigation
  • Represent lawyers, law firms, and physicians in professionally related matters
  • Provide ethics advice and expert testimony on ethical issues for lawyers and law firms

Board Of Bar Overseers, Supreme Judicial Court Of Massachusetts
Chief Bar Counsel (1991-1999)

  • Oversight of investigation and prosecution of lawyer discipline matters
  • Supervision of staff of forty including sixteen attorneys
  • Handle investigations, trial, and appellate matters personally
  • Notable cases include:
    • Matter of Karahalis, 429 Mass. 121 (1999)
    • Matter of Fordham, 423 Mass. 481 (1996)
    • Matter of Pressman, 421 Mass. 514 (1995)
    • Matter of Finnerty, 418 Mass. 821 (1994)

Committee For Public Counsel Services
Chief Counsel (1984-1990)

  • Overall supervision of state system of provision of counsel to indigents
  • Public defender division of 120 full-time lawyers
  • Private counsel division of assigning 180,000 cases
  • Managed budget of $50 million
  • Handled active trial caseload, including over forty jury trials
  • Notable appellate cases include:
    • Cedeno v. Com., 404 Mass. 190 (1989)
    • Com. v. Collett, 387 Mass. 424 (1982)
    • Com. v. Monico, 373 Mass. 298 (1977)

Massachusetts Defenders Committee (State Full-Time Public Defenders)
Deputy Chief Counsel (1975-1984)
Executive Director, Committee On Criminal Justice (1970-1974)

  • Managed a $15 million annual federal grant program in Massachusetts
  • Developed plan for improvement of criminal justice agencies

Academic Experience

Boston University Law School
Visiting Professor (2002-present)
Teach courses in Professional Responsibility And Attorney - Client Privilege

Boston University Law School
Adjunct Professor (1989-2002)
Teach courses in Professional Responsibility

Northeastern University Law School
Adjunct Professor (1994-present)
Teach courses in Professional Responsibility

Suffolk University Law School
Adjunct Professor (1993-1994)
Teach courses in Professional Responsibility

Professional Related Activities

  • American Bar Association Standing Committee on Professional Discipline
  • Supreme Judicial Court Standing Committee on the Rules of Professional Conduct
  • Appointed Member, Committee for Public Counsel Services
  • American Bar Association Commission on the Evaluation of the Rules of Professional Conduct-Ethics 2000-Advisory Committee
  • American Bar Association-Center for Professional Responsibility
  • Association of Professional Responsibility Lawyers (APRL)
  • Boston Bar Association Committee on Attorney-Client Privilege
  • Boston Bar Association Committee on Multidisciplinary Practice
  • Columnist, “Rosenfeld on Ethics”, Lawyers Weekly of Massachusetts.
  • National Organization of Bar Counsel (1991-1999)
  • Supreme Judicial Court Advisory Committee on Criminal Rules (1984-1990)
  • U.S. Department of Justice, National Commission on Criminal Justice Standards and Goals, National Task Force on Community Crime Prevention, (1973-74)
  • Massachusetts Criminal History Systems Board, Chairman, (1972-75)

Awards And Honors

  • Wasserstein Public Service Fellow-in-Residence, Harvard Law School (1997)
  • St. Thomas More Award, Boston College Law School (2001)
  • Elected Member- American Law Institute (2003)
  • Inaugural Fellow-National Institute of Teaching Ethics and Professionalism (2005)
  • Best Lawyers in America (2006)

Law Review And Other Articles Published

"The Public Interest Comes First: The Legacy of Herbert P. Wilkins", Massachusetts Law Review, Volume 84, No. 3, pp. 117-124 (Winter 1999).

“The Duties and Obligations of Confidentiality and Candor Under the Massachusetts Rules of Professional Conduct”, Massachusetts Law Review, Volume 82, No. 3, pp. 277-288. (Winter 1997).

“Public Defender Programs: A Quick Guide to the Provision of Legal Services to Indigent Criminally Accused Persons”, by Arnold R. Rosenfeld, Cambridge, MA: Harvard Law School, 1997.

The Bar Disciplinary Process in Massachusetts”, Massachusetts Law Review, Volume 79, No. 4, pp. 180-199. (December 1994).

“Attorney-Client Privilege: Waiver by Disclosure to the Government”, Massachusetts Lawyers Weekly, June 20, 2005.

Protecting Privilege and Work Product, Disclosure to Agents of the Attorney or Client”, Massachusetts Lawyers Weekly, January 17, 2005.

“Considerations for Joint or Common Defense Agreements”, Massachusetts Lawyers Weekly, August 2, 2004.

“Seeking Consent to Future Conflicts of Interest”, Massachusetts Lawyers Weekly, March 22, 2004.

“Inadvertent Disclosure of Confidential or Privileged Data”, Massachusetts Lawyers Weekly, November 10, 2003.

“Waivers of Conflicts of Interest”, Massachusetts Lawyers Weekly, June 30, 2003

A Changing Landscape in Legal Ethics”, Massachusetts Lawyers Weekly, January 6, 2003

Ethical Duties to Prospective Clients”, Massachusetts Lawyers Weekly, April 8, 2002.

“Ethical Obligations in Negotiation and Settlement”, Massachusetts Lawyers Weekly, August 20, 2001.

“Clarifying Confidentiality and Attorney-Client Privilege”, Massachusetts Lawyers Weekly, February 19, 2001.

“Ethical Obligations of Supervisory Lawyers”, Massachusetts Lawyers Weekly, October 23, 2000.

“Ethical Issues in Advising a Witness”, Massachusetts Lawyers Weekly, July 3, 2000

“Ethical Issues in Solicitation of Clients”, Massachusetts Lawyers Weekly, Feb. 7, 2000.

“Ethics in E-Business Legal Representation”, Massachusetts Lawyers Weekly, Nov. 29, 1999.

“Obligations of Criminal Defense Counsel Under the Massachusetts Rules of Professional Conduct”, Massachusetts Lawyers Journal, April 1999.

“Fitness for the Prosecution”, Massachusetts Lawyers Journal, March 1999.

“Spin Control and the Ethical Rules”, Massachusetts Lawyers Journal, December, 1998.

Withdrawal from Representation of a Client”, Massachusetts Lawyers Weekly, December 27, 1993.

“Referring Bar Investigations to Prosecutors”, Massachusetts Lawyers Weekly, August 3, 1992.

“Public Defender Programs”, The Office of Public Interest Advising, Harvard Law School, (1998)

The Right to Counsel and Provision of Counsel to Indigents in Massachusetts”, Massachusetts Law Review, Volume 74, No. 3, pp. 148-152 (September, 1989)

“Defense of Indigents in Massachusetts: A New Approach”, Boston Bar Journal, November, 1984.

“Right to Counsel in Criminal Cases: the Mandate of Argersinger v. Hamlin”, Book Review, Boston University Law Review, Vol. 56, No. 5, 1976.

“Privacy vs. Enforcement and Rehabilitation, A Practical Approach”, Proceedings of the Second Annual Symposium on Criminal Justice and Statistics Systems, 1974.

“Security and Privacy of Criminal Justice Information Systems”, State Government, The Journal of State Affairs, Vol. 48, 1974.