Ethics

This session will focus on professional retention issues in chapter 11 cases, starting with a brief primer on applicable Bankruptcy Code sections. The panelists will then delve into recent case law on such hot topics as disclosures, conflicts and retroactive relief.

The panelists will cover a host of topics, ranging from ethical issues surrounding micro-business chapter 7 cases, confidentiality and ethical issues related to working remotely, to limited representation and obligations of counsel in bankruptcy. You'll also hear a trustee's perspective on conflicts, retention and employing special counsel.

Alix v. McKinsey Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court. The Ethical Response to Client Misconduct Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.

There have been significant challenges to the roles that counsel to debtors and creditors have played in chapter 13 cases since the enactment of BAPCPA, with little recognition that the success in completing a case through discharge is directly proportional to the efforts of the professionals involved in the proceeding, often in the face of contending with very difficult clients and circumstances. Many programs focus on the poor behaviors of counsel in an effort to provide examples or what “not to do.” This interactive ethics panel will require the panelists to take on role-reversals and encourage audience participation and debate about what can be done to support experienced professionals, and to avoid the continued diminution of the practice by having parties take on the challenges of the “other side.”

This session will be an interactive program that will inform participants and provide guidance concerning fundamental issues and best practices surrounding professional responsibility and ethical conduct. Part trivia, part panel presentation, the session will engage participants to self-select “answers” from several Jeopardy categories focused on issues of interest, then provide the corresponding “questions” (prizes will be awarded). For each answer/question, our panel will provide analysis and commentary. Plus, you get ethics credit just for showing up!

This interactive session will feature fact patterns and scenarios designed to engage the audience with real-world issues that illustrate ethical problems faced by bankruptcy professionals. The session will focus on identifying and resolving these issues before you find yourself in hot water. [Note: Please pardon the audio quality as there was a glitch in the recording process.]

Panelists will discuss ethical issues relating to due diligence and debtor and creditor actions online as well as practice pointers for engaging in social media.