Ethics

This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.

This advanced panel explores the complex ethical landscape surrounding artificial intelligence implementation in bankruptcy and legal practice. Moving beyond basic AI introductions, the panelists examine real-world AI functionality, use cases and usage statistics, judicial perspectives on AI compliance, and practical ethical challenges facing practitioners today. Through interactive polling, case studies, and expert insights, attendees gain actionable guidance on navigating AI ethics within existing professional conduct frameworks.Learning Objectives:Attendees will identify key ethical considerations arising from the use of artificial intelligence in bankruptcy and legal practice, including issues related to competence, confidentiality, supervision, and professional responsibility.Attendees will evaluate real-world AI functionality, use cases, and emerging judicial perspectives to assess the benefits, risks, and limitations of AI tools in legal workflows.Attendees will apply existing professional conduct frameworks and AI compliance principles to address practical ethical challenges and develop responsible AI implementation strategies within their practices.

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.

This panel will focus on the ethical issues that can surround taking on an engagement — everything from evaluating conflicts, mandatory and recommended disclosures, and what it really means to be disinterested.Learning Objectives:Attendees will identify common ethical issues that arise when considering whether to accept a new engagement, including how to evaluate potential conflicts of interest.Attendees will understand mandatory and recommended disclosure requirements and how they apply when determining whether a professional can serve in a matter.Attendees will examine the meaning of "disinterestedness" in practice and apply practical strategies for assessing and maintaining compliance with ethical standards when taking on a case.

Think you know how to play nice in the sandbox of Utah's legal profession? Put your knowledge of the Utah Standards of Professionalism and Civility, along with those from around the country, to the test in this fast-paced, laugh-out-loud CLE experience modeled after the classic television game show Password. Contestants from the audience will face off in a battle of clues and quick thinking, where the winning "passwords" aren't just game show gold — they're the very principles of dignity, respect, and professionalism that separate the great lawyers from the merely licensed ones. Whether you're a seasoned practitioner or a fresh-faced associate, this session delivers serious ethical guidance wrapped in a whole lot of fun. CLE ethics credit available — dignity is its own reward.Learning Objectives:Attendees will analyze key provisions of the Utah Standards of Professionalism and Civility and identify conduct required to maintain good standing as a licensed attorney.Attendees will evaluate real-world case law and fact patterns to distinguish between compliant and non-compliant professional behavior under the Utah Standards.Attendees will examine ethical obligations specific to bankruptcy practitioners, including conflicts of interest, unauthorized practice of law, interactions with pro se parties, and duties of candor to the court.Attendees will assess the application of the Utah Standards of Professionalism and Civility to out-of-state attorneys, including relevant local rules and cross-jurisdictional practice considerations.Attendees will apply principles of professionalism, civility, and ethical responsibility to practical scenarios in an interactive setting designed to reinforce best practices."

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.

This panel will address the expectations for professionalism and civility in the conduct of litigation in and out of court, examining the different perspectives of the U.S., U.K. and Colombia in regards to their respective ethics rules and cultural frameworks.

Join members of ABI’s 2012-13 National Ethics Task Force as they update their 2013 Final Report on bankruptcy ethics best practices with this lively panel discussion on current hot topics, including required (and recommended) estate professional disclosures, independent directors, access to justice and artificial intelligence.

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.