No CLE

This panel will discuss how law firms can use turnaround techniques to maximize the value of their services for themselves and their clients.

This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.

Ethical Issues in Professional Fee Disputes: Mediation vs. Litigation

This panel will discuss the routine (and not-so-routine) issues that consumer bankruptcy practitioners face.

An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel will consider are issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel will also discuss various pertinent Rules of Professional Conduct, which may include RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.

Bankruptcy attorneys are faced with ethical issues every day. This plenary session will cover a variety of issues that every bankruptcy attorney should be aware of.

This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.

This panel will address issues concerning confidentiality and privileged information, fees, candor in dealings with the court, fairness to opposing counsel, and more, with reference to various Rules of Professional Conduct, including RPCs 1.5, 1.6, 3.3, 3.4 and 8.4.