Ethics

Professional Development Track: The Dos and Don’ts of Effective Oral Advocacy

Financial Advisors Track: The Ethical Compass: Multiple Ethical Schemes Applicable to Financial Advisors This panel will focus on the variety of rules, statutes and codes that govern the conduct of financial advisors, including the Bankruptcy Code and Rules, TMA and AIRA Codes of Ethics, Licensure rules (e.g., for CPAs), state law governing trustee roles, etc.

This program will address ethical issues unique to the practice of bankruptcy law. With the increasing use of social networking sites, such as Facebook and Linked In, what ethical issues arise? What constitutes advertising and, therefore, under ethical restrictions must be disclosed as such? What constitutes client solicitation and is therefore prohibited? In related topics, how far can an attorney go in attempting to obtain committee representation, and what crosses the ethical boundaries? Finally, what duties do lawyers owe to the court and to the profession if they learn of somebody's crossing the line in any of those activities? Does it matter how they learn of them ("Facebook stalking")?

Following an introductory video clip about the dangers of social networking in litigation, a panel featuring a judge, a trustee and a practitioner will lead a discussion on the inherent risks in using social networking, some of the ethical issues involved, and suggestions for how to manage these business and ethical risks that are associated with the ever-changing world of social networking.

Even before the first discussion in Newport at the 2011 ABI Consumer Forum, practitioners have experienced the difficulties inherent with managing a client with a mental illness or impairment. There can be even more challenges to managing any client matter when an opposing party suffers from a mental illness, especially when that party is self-represented. This panel of experienced practitioners and mental health professionals will discuss the evolving legal and practical issues surrounding mental illness and its impact on the bankruptcy system, as well as discuss methods of remaining calm in what can be an unpredictable and increasingly unavoidable storm.

Professional Development Track - "I'm Shocked-Shocked!-to Find that Unethical Conduct Is Going On in Here!": A Tale of Ethics in Bankruptcy Our play will address the ethical pitfalls faced by the attorneys in the chapter 11 bankruptcy of Casablanca Snow Globes, Inc., a once-thriving manufacturer of world-class snow globes that has fallen on hard times due to cheap foreign competition, changes in consumer taste and unfair TSA regulations. Watch debtor's counsel struggle with whether she represents the debtor or its owner, as well as possible secret connections with the evil empire owned by Boris Badenough. Thrill to Boris's lawyer's problems with his various clients in this case, who are not always aligned (or sane). Our panel of experts will provide commentary on these critical issues, such as (a) who is your client; (b) what to do when clients don't tell the truth; (c) how to fulfill your obligations to be candid with the court; (d) how to avoid sharp lawyering practices; (e) best billing/fee application practices; and (f) conflicts of interest.

What do the new fee guidelines from the U.S. Trustee mean for your practice? How is new Rule 2019 affecting practice and disclosure?