Ethics

NO CLE - The Ethical Duty of Investigation: Does It Reach into Social Media?

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

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NO CLE - “Unbundling” in the Representation of Consumer Debtors: What Are the Differences Between You and a Petition Preparer?

This panel will explain the practice of “unbundling,” along with the ethical and legal considerations involved, and will provide sample engagement letters where services are unbundled. The panel will discuss evolving case law on this issue wherein debtors and their attorneys attempt to use alternative agreements to limit the scope of their representation. ABI's Ethics Task Force Final Report might also be applied.

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NO CLE - Legal Ethics in Bankruptcy and Related Ethical Considerations

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NO CLE - GSC Group Case Study and Other Bankruptcy Ethics Matters

Review of GSC case (bankruptcy court decision pending); what are the lessons of GSC for practitioners regarding disclosure, fee sharing, disinterestedness and conflicts, etc?; review of disinterestedness standards under § 101(14) and related disclosure requirements; additional ethics topic might include conflicts waivers (when is it necessary to obtain a waiver? Distinctions may be drawn based on current vs. recent vs. former clients, directly adverse vs. positionally adverse, relatedness to a prior matter, use of confidential information); Brown Publishing

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NO CLE - Committee Educational Sessions - Business Reorganization/Secured Credit/Ethics & Professional Compensation

Dilemmas of Dying Businesses: Practical and Ethical Issues to Consider When Representing Businesses that Are on Death’s Doorstep

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NO CLE - Professional Development Track: Civility in the Restructuring Profession

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.

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NO CLE - Business Track - The Collision of Confidentiality and Due Process

This panel will explore the tension between the fundamental tenets of disclosure and due process in bankruptcy cases and the increasing trend toward confidentiality, whether legitimate or not.

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NO CLE - Rules Update: Ethics

The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules. This panel will discuss the proposed rule changes and the impact they will have on bankruptcy case administration.

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NO CLE - Ethics Through the Movies: Lessons in Professional Civility

Prof. Nancy Rapoport, co-chair of ABI’s Ethics Task Force, will give a presentation on the ethics of professional civility by using a familiar Southern California medium: the movies!

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NO CLE - Interactive Ethics Session

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