Ethics

This panel will explore a range of topical ethical issues in the practice of bankruptcy law, both evergreen and emerging, such as the type and scope of judicial involvement in cases, the ethics of so-called “debtor-friendly” jurisdictions, how to navigate fiduciary duty issues when representing multiple constituents with an interest in the same matter, navigating the role of a litigation trustee, best practices for disclosure in the professional retention context, and considerations as practitioners and pro se litigants alike incorporate AI into their bankruptcy workstreams and filings.Learning ObjectivesAttendees will analyze key ethical considerations in bankruptcy practice, including judicial involvement in cases and the implications of practicing in so-called "debtor-friendly" jurisdictions.Attendees will evaluate fiduciary duty challenges that arise when representing multiple interested parties, including issues related to litigation trustees and conflicts of interest.Attendees will identify best practices for professional responsibility, including disclosure obligations in retention applications and ethical considerations when incorporating AI into bankruptcy workflows and filings.

Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.

This session will explore key ethical issues facing bankruptcy practitioners and judges, including professional responsibility, conflicts of interest, confidentiality, and duties to clients, creditors and the court. The panelists will examine recent case law, evolving ethical standards, and practical guidance for navigating complex situations in bankruptcy practice.

As artificial intelligence transforms the legal landscape, understanding how to effectively and ethically integrate AI into legal practice is essential. This panel will explore successful strategies for employing AI in legal workflows, offer insights into ethical frameworks and considerations surrounding its use, and provide a comprehensive overview of the current market of AI-powered legal technology solutions. Attendees will leave with practical knowledge to navigate the evolving AI legal ecosystem with confidence and responsibility.

Navigating the intersection of ethics and practice management is critical for consumer bankruptcy attorneys. This session will explore the ethical obligations that arise in everyday practice, including client communication, case oversight, fee disclosures and managing high-volume dockets. The panelists will address common pitfalls and real-world scenarios that challenge compliance with the ABA Model Rules and local court requirements. Attendees will leave with practical strategies for maintaining ethical integrity while operating an efficient and sustainable consumer bankruptcy practice.

This session will examine current developments in chapter 11 professional ethics, including recent court decisions and best practices in disclosure for retained professionals. The panelists will discuss these issues in the context of certain factual hypotheticals intended to explore current case developments and the outer boundaries of chapter 11 disclosure and ethics rules and practice, including relating to the use of artificial intelligence technology in litigation.

Fee applications, preferences and clawbacks, oh my! Getting paid before and after bankruptcy has its pitfalls. This session will help you navigate potential problems to ensure you get paid while staying on the right side of the Ethics Board.

This panel explores the ethical implications of AI in legal practice, focusing on fee issues and providing tips for crafting effective prompts. The panelists discuss how AI tools are reshaping billing practices and the standards for reasonable compensation, as well as practical strategies for integrating AI while maintaining ethical standards. Discover how to create powerful prompts that maximize AI's potential and ensure transparency with clients and courts. Don't miss this insightful conversation!