Ethics

Oftentimes lawyers must deal with people in vulnerable positions- and there are a whole host of rules that govern our behavior in those instances. Cheating (misrepresentation, rule 4.1 and 3.3), Preying (deceptive practices, rule 8.4), and Shoving (fairness to opposing parties and counsel, rule 3.4) are prohibited by the attorney ethics rules...and why not learn about them with a little humor? Join internationally recognized speaker Stuart Teicher, Esq., (the "CLE Performer") as he alerts us to the issues that should concern us when interacting with people who might be at a competitive disadvantage when facing a lawyer.

Transparency is fundamental to the bankruptcy process, so it’s no surprise that a failure to disclose required information or identify conflicts of interest can lead to serious ethical issues. At the same time, the digital age in which we practice, and the pervasiveness of social media, raise the opposite problem: What happens when too much information is shared? This session will explore the ethical and professional considerations of both under-disclosing and over-sharing in bankruptcy cases by using illustrations from recent, real-life scenarios and interactive attendee participation. You may be surprised to learn what your obligations are, including with respect to policing what other people say or post.

Join in this discussion on a plethora of current ethical issues, including when it is necessary to obtain a conflict waiver (current vs. recent vs. former clients); directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under BC § 101(14) and related disclosure requirements; the ABI Report on Standards of Professional Courtesy and Conduct; Caesars litigation over disinterestedness of debtor’s counsel; professionals retentions and disclosure requirements (disclosing conflicts and the Jay Alix/McKinsey litigation); and litigation financing in the liquidating trust context.

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.