1-Hour Program

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Overview

Bankruptcy practice necessitates knowledge of and adherence to unique ethics principles, that supplement the ethical requirements to which all lawyers must adhere under the ABA’s Model Code of Professional Responsibility and its various state analogs. The consequences of ethics violations in the bankruptcy sphere can be severe, including in appropriate cases a denial to counsel and financial advisors who represent debtors and creditors’ committees of compensation or disgorgement of compensation previously paid. 

Please join Michael P. Richman of Steinhilber Swanson LLP for an examination of the latest developments in bankruptcy ethics rules. Issues to be discussed will include the following:

  • the rules governing disclosures that must be made in connection with required court approval of representation as an estate professional, including the duty to supplement such disclosures throughout the case (15 minutes) 
  • “Benefit to the estate” principles that govern decisions to pursue litigation and other actions on behalf of the estate (5 minutes) 
  • unique conflict of interest issues in the bankruptcy environment and approved processes to manage them (10 minutes) 
  • the rules governing the solicitation of professional engagement, particularly for engagement as counsel to an official committee (10 minutes)  
  • the growing recognition of civility as an ethical requirement (10 minutes) 
  • the extent to which the ethics rules apply outside the court and given case, particularly when communicating over social media (10 minutes) 

 

Program Level:  Update

Intended Audience:  In-house counsel, outside attorneys, compliance, accountants, finance and other allied professionals advising and representing clients on aspects of financial distress and bankruptcy  

Prerequisites:  None

Advanced Preparation:  None

 

Credit Details

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