Practice and Procedure

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will examine the high stress levels associated with the legal profession, the consequences of that stress, and what can be done about it. It draws upon recent studies to show empirically that the stress inherent in today’s legal profession is leading to higher rates of depression, anxiety and substance abuse. The studies also show that lawyers in their first 10 years of practice are at the greatest risk. To bring a personal touch to these findings, presenter Jeff Zapor will share his personal story of addiction and recovery. Stress-management techniques will then be introduced, as well as some wellness initiatives that are being tried at the national level.

Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how you prepare your fact and expert witnesses, including how to respond to direct examination, how to respond to personal attacks and lies, how to deal with an aggressive lawyer, how to prep a fact witness versus an expert witness, and how an expert witness should prep an attorney.

Presented by the Young and New Members & Ethics and Professional Compensation Committees You work hard for the money, so let’s make sure you get it. This panel will discuss ethical considerations governing that all-important process: getting retained and paid by the bankruptcy estate. Aside from covering the basics of retention for young and new professionals, the panelists will address some of the myriad ethical issues governing retention and compensation that can arise, including connection disclosures, concurrent representations of insiders and expense reimbursement. The session will also discuss recent decisions that could fundamentally affect how professionals are retained — including the use of the so-called “Jay Alix Protocol” and whether nunc pro tunc is still viable.

ABC sponsored this October 22, 2020, session from the Insolvency 2020 Summit. The expert panel addresses the use of technology by bankruptcy professionals inside and outside of the courtroom. The panel materials include applicable Model Rules of Professional Conduct and feature a section on questionable lawyer behavior. The panelists also suggest best practices for fee applications.

This session will highlight several of the Rules of Professional Conduct, including RPC 1.5 (Fees); the Alix/McKinsey litigation; RPC 3.3 (Candor to Tribunal); RPC 4.1 (Truthfulness to Others); the U.S. Trustee guidelines concerning retainers; RPC 7.1 (Communications Concerning a Lawyer’s Services); overbilling, RPC 8.4 (Misconduct); fee examiners, RPC 1.3 (Diligence); disclosures, Bankruptcy Rule 2014; RPC 1.7 (Conflict of Interest); and RPC 7.3 (Solicitation of Clients).

Ensuring Conflicts are Transparent in 2020 Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and sanction misconduct? Intersection of Bankruptcy and Social Issues Bankruptcy has been largely been viewed as a solution to solely economic and financial concerns. Historically, scholarship related to bankruptcy’s intersection with social issues has focused on the social problems that may result from bankruptcy or the social issues of which bankruptcy may be a symptom. Over the last several years, however, bankruptcy has been a common thread in some of the largest social movements of our generation. This discussion centers around the intersection of bankruptcy and some of today's social issues, including the “#MeToo” movement, the Catholic Church and Boy Scouts of America abuse scandals, and the racial justice demonstrations regarding housing and policing. The ways in which bankruptcy practitioners and the bench have been asked to craft solutions to address social ills will be explored within the framework of the Bankruptcy Code, as well as the ways in which bankruptcy will continue to play a part in addressing social issues. Lasting Impacts of COVID-19 on Law Firm Operations and Legal Service Delivery No business or industry has escaped the impacts of COVID-19. In this session, seasoned bankruptcy attorney and law firm Chairman Robert Sartin will discuss how the modern global pandemic has changed the future of law firm operations. He’ll also examine the challenges of leading in a fluid and unprecedented environment, and review what many firm leaders are predicting as the new landscape of practicing law and delivering legal services.

The use of artificial intelligence and machine learning is becoming increasingly prevalent in the practice of law. Lawyers are using AI to assist in a multitude of tasks, including document management and review, analytics, and legal research. This program will provide an overview of how AI is being used by lawyers today, the advantages and drawbacks in using AI, and the potential ways in which AI may be used now and in the future in bankruptcy practice.

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?