This panel covers the ethical and practical considerations when representing spouses, or a small business owner and/or their small business. Who’s the client and when is that determined, when does an individual or entity need separate counsel, what conflicts can be waived and how, what’s privileged and what’s not, and whose privilege can a trustee waive?
Learning Objectives:
- Attendees will identify common conflict of interest scenarios that arise in consumer bankruptcy representations, including joint spousal filings and co-debtor situations, and evaluate appropriate strategies for addressing or avoiding those conflicts under applicable professional responsibility rules.
- Attendees will analyze the scope and limitations of attorney-client privilege and confidentiality obligations in the consumer bankruptcy context, including how disclosure obligations to the court and trustee interact with duties owed to the client.
- Attendees will apply ethical frameworks and best practices for managing challenging client relationships in consumer bankruptcy matters, including navigating candor obligations, informed consent, and withdrawal considerations when conflicts or privilege issues arise.