Ethics

Plenary Session

As social media gain a foothold in all communications, attorneys are using the platform for both business and personal use. The panel will identify the ethical dangers and professionalism concerns that are raised when attorneys use Facebook, LinkedIn, and other forms of social media. The panel will discuss, among other issues, ethics opinions from various jurisdictions dealing with social networking, the minimum standard of attorney “competence,” confidentiality, problems affecting the attorney-client privilege, using social media for investigations, locator platforms and other recent advancements, and best practices for social networking by attorneys. Non CLE.

ABI’s panel of experts will discuss the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney’s duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force.

This panel will explore the struggles of being both civil and persuasive and how our actions affect the reputation of the legal profession in society. The panel will also provide an update on the status of the ABI Civility Task Force.

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.

The new U.S. Trustee Fee Guidelines will affect all attorneys and firms who work on larger chapter 11 cases filed on or after November 1st. ABI's panel of experts, including the Director of the EOUST, will discuss some of the ways the new guidelines may change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. Register today to hear government, attorney and academic perspectives on this important and timely topic.

This panel of regional judges and ethics experts will weigh in with analysis and guidance on current, relevant ethics issues. Case examples “ripped from the headlines” will highlight this discussion on disclosures, litigation issues and conflicts

You'll have to join us to find out what this one is about. Have lunch with several of the judges at the conference; have your questions and comments ready. If you would like to include a boxed lunch ($50/person), please check the appropriate box on the registration form. You may also bring your own lunch, but don't be late!!!!

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")?