Practice and Procedure

As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.

A professional speaking coach will start this session with general comments on speaking, then provide specific critiques on two teams that will make a mock pitch for a new creditor group representation (ad hoc group or committee).

This panel will address various ethical and substantive issues that can arise when representing consumer debtors.

“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.

Disclosing assets and verifying a debtor’s information is the calling card of any conscientious debtor’s counsel. But how do the rules governing professional responsibility interplay with debtor’s counsel’s obligations under the Code? A real housewife in New Jersey recently blamed her attorney for her prison sentence following her guilty plea for bankruptcy fraud. Did her attorney commit an ethical violation? This panel will examine the record behind this headline-making case, as well as other recent bankruptcy court decisions that examine the ethical conduct and obligations of debtor’s counsel.