Ethics

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law. Issues to be discussed include professional responsibility requirements for attorneys using social media for advertising and other purposes, best practices for crafting social media policies, and a review of recent case law and state rules and opinions.

In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.

Review of GSC case (bankruptcy court decision pending); what are the lessons of GSC for practitioners regarding disclosure, fee sharing, disinterestedness and conflicts, etc?; review of disinterestedness standards under § 101(14) and related disclosure requirements; additional ethics topic might include conflicts waivers (when is it necessary to obtain a waiver? Distinctions may be drawn based on current vs. recent vs. former clients, directly adverse vs. positionally adverse, relatedness to a prior matter, use of confidential information); Brown Publishing

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.

The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules. This panel will discuss the proposed rule changes and the impact they will have on bankruptcy case administration.

ABI’s panel of experts will discuss the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney’s duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force.

“Group Privileges”: What are the limits of the attorney-client and work-product privileges that can be asserted by official committees and their members? Ad hoc committees and their members? Bank syndicates and their members; Conflicts: Latest developments in disclosure and disqualification, the use of conflicts counsel, UST Guidelines, etc.; The New U.S. Trustee Guidelines: What ethical concerns are raised by the new UST Guidelines on professional retention and fee applications (including issues relating to attorney/client privilege)? Are there limits on the proper disclosure of a firm’s billing practices and/or “blended” rates?