Committee to Hold Joint Meeting with Court Administration Committee at 2004 WLC
“You’d Better Shop Around”: The Ethics & Practical Challenges of Venue Selection
The Ethics and Court Administration Committees will hold a joint meeting on Friday, Dec. 3, at the 2004 Winter Leadership Conference. The meeting will explore the challenges faced by both professionals and the courts in connection with selection of the right venue for the filing, management and “successful conclusion” of a bankruptcy case. Offering differing perspectives from the debtor, the court/bankruptcy clerk’s office, creditors and “the outside world,” this program will address the various criteria that factor into a debtor’s (and/or its counsel’s) decision to choose one bankruptcy court over another, as well as the court’s ability to administer the case once filed and its procedures for managing the debtor(s) and creditors (and their claims) going forward. In addition, the panelists will explore issues such as the “best” way and time to file a motion to transfer venue, the impact of local rules and procedures, the extent to which local case law on ethics issues influences the venue selection process, and the roles and responsibilities of local counsel, the court and the clerk’s office.
Why Your Malpractice Premiums Keep Going Up
Current Ethical Issues for Attorneys and Non-lawyer Professionals in Bankruptcy Cases
Materials Prepared by John D. Penn, Haynes and Boone LLP; Fort Worth, Texas
Attorneys in all areas of law must practice within the bounds of ethical rules, whether they abide by the bare minimum required under state professional responsibility codes, state and federal statutes, or the dictates of their own conscience. However, in bankruptcy practice in particular, attorneys should carefully evaluate any proposed course of action, even before the decision is made to file a bankruptcy petition. Admittedly, the image of bankruptcy itself has changed for the better, but the image of lawyers arguably has declined. Being well informed concerning ethical rules would not only benefit the attorney by preventing any sanctions, but more importantly, uplift the trust of the client and the public in general.
Presented at the 2004 Southwest Bankruptcy Conference