Ethics

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.

As artificial intelligence transforms the legal landscape, understanding how to effectively and ethically integrate AI into legal practice is essential. This panel will explore successful strategies for employing AI in legal workflows, offer insights into ethical frameworks and considerations surrounding its use, and provide a comprehensive overview of the current market of AI-powered legal technology solutions. Attendees will leave with practical knowledge to navigate the evolving AI legal ecosystem with confidence and responsibility.

Navigating the intersection of ethics and practice management is critical for consumer bankruptcy attorneys. This session will explore the ethical obligations that arise in everyday practice, including client communication, case oversight, fee disclosures and managing high-volume dockets. The panelists will address common pitfalls and real-world scenarios that challenge compliance with the ABA Model Rules and local court requirements. Attendees will leave with practical strategies for maintaining ethical integrity while operating an efficient and sustainable consumer bankruptcy practice.

This session will examine current developments in chapter 11 professional ethics, including recent court decisions and best practices in disclosure for retained professionals. The panelists will discuss these issues in the context of certain factual hypotheticals intended to explore current case developments and the outer boundaries of chapter 11 disclosure and ethics rules and practice, including relating to the use of artificial intelligence technology in litigation.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

Fee applications, preferences and clawbacks, oh my! Getting paid before and after bankruptcy has its pitfalls. This session will help you navigate potential problems to ensure you get paid while staying on the right side of the Ethics Board.

This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.