Gilat J. Bachar
2025 American Inns of Court Warren E. Burger Prize
ALEXANDRIA, VIRGINIA–Gilat J. Bachar is the 2025 winner of the prestigious Warren E. Burger Prize,
a writing competition sponsored by the American Inns of Court to
promote scholarship in the area of professionalism, ethics, civility,
and excellence. To be presented at the 2025 Celebration of Excellence at
the Supreme Court of the United States, the award recognizes Bachar’s
paper “Plaintiffs’ Lawyers’ Disclosure Duties.”
The winning paper, which will be published in the UC Davis Law Review,
urges lawyers representing plaintiffs in civil litigation to counter
what Bachar calls “the culture of silence in civil litigation” and
consider their ethical responsibilities more broadly.
Often, Bachar explains, lawyers end up participating in settlements
that conceal risks to public health and safety. Negotiated nondisclosure
agreements like those used by General Motors and Harvey Weinstein, for
example, can hide patterns of misconduct and abuse from scrutiny and
thus perpetuate those patterns. While the Model Rules of Professional
Conduct prioritize lawyers’ duties toward their clients, Bachar’s paper
argues that lawyers should extend their ethical obligations and resist
secrecy that could endanger others. Drawing on the work of legal
ethicists, the paper calls for making a practical change to the existing
ethical framework: requiring lawyers to inform prospective clients at
the very outset of litigation that they will not negotiate nondisclosure
agreements that conceal risks to public health or safety.
Bachar is an associate professor of law at Temple University Beasley
School of Law, where she specializes in tort law, legal ethics, dispute
resolution, and law and psychology. Before joining Temple as an
assistant professor in 2022, she was a visiting assistant professor of
law at Villanova University’s Charles Widger School of Law. Earlier in
her career, Bachar was a research fellow at the Stanford Law School’s
Center on the Legal Profession and a legal fellow at the Center for
Justice & Accountability. She was also an associate at a Tel Aviv
law firm specializing in commercial litigation. She was a law clerk for
Chief Justice Dorit Beinisch of the Supreme Court of Israel and for the
Criminal Department of the State Attorney Office in Jerusalem.
Bachar earned a doctor of the science of law degree from Stanford Law
School in 2018. She earned a summa cum laude master’s of business
administration from the Hebrew University of Jerusalem in 2011 and a
summa cum laude undergraduate law degree from the same institution in
2010.