Ethics

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

Generative artificial intelligence (Gen AI) has the potential to transform various industries, including legal practice, where it offers numerous advantages and some challenges. This panel will explore foundational concepts of Gen AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

This session will focus on artificial intelligence, disclosures, privilege issues and sanctions.

This panel will discuss current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."

Some things in life are crystal clear; others are amorphous. When your client is untruthful during the bankruptcy process, you, as counsel, must do certain things. This panel will identify the relevant Bar rules, codes of professional conduct, Bankruptcy Code sections, Bankruptcy Rules and other authorities that will help practitioners identify troublesome situations and implement solutions.

The public should expect, if not demand, that judges and professionals alike strictly adhere to the ethical codes and rules that serve to promote and protect the integrity of the courts and the legal system as a whole. This highly respected panel consisting of sitting judges and an expert in bankruptcy ethics will explore issues of judicial and professional transparency, disclosure, conflicts, the duty to report improper conduct, and the means by which to do so.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.