by Christopher Carson
Burr & Forman LLP; Birmingham, Ala.
Brent W. Dorner
Burr & Forman LLP; Birmingham, Ala.
The U.S. Bankruptcy Court for the Southern District of Illinois recently issued an opinion in two related chapter 11 cases, In re Herrin Clinic Ltd.[1] and In re Bozorgzadeh, et al.,[2] regarding a law firm's fee application for work done in the two cases. Attorneys should take note of the court's opinion, as it highlights the dichotomy between the court's interests and role as a gatekeeper for the efficient administration of justice, and the attorney's need to ensure that it competently and adequately represents its clients' interests.
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U.S. Bankruptcy Court (E.D.N.Y.); Central Islip, NY
On March 15, 2011, the Supreme Court of Montana approved amendments to its Rules of Civil Procedure (MRCP), effective Oct. 15, 2011, to encourage limited scope representation (LSR) in Montana.[2] Rule 11 of the MRCP now allows attorneys to assist pro se litigants and prepare briefs on their behalf without the requirement that the attorney sign the brief.[3] Rules 4.2 and 4.3 of the MRCP were also amended such that an LSR attorney does not need to file an appearance before a Montana court under Rule 5.[4]
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ABI has been busy this summer creating new online products with the goal of saving you time and resources. The newest addition to this lineup is Search - search.abi.org. This new member resource searches more than 2 million keywords across all the ABI information platforms. The search covers every issue of the ABI Journal since 1997 and every ABI Law Review since 1995, in addition to all books, CLE conference materials and other exclusive ABI content. This search feature is also available on your smartphone or tablet.
Get up-to-speed and in the know quickly with Search - search.abi.org. Don't just Search. Find!
ABI is pleased to announce the launch of another new product, materials.abi.org. At this new conference educational materials website members can sort resources dating back to 2005 by conference, speaker or keyword. Exclusively for our members, files will be downloaded to your device in PDF format. This new website is also accessible on your smartphone or tablet, and all documents are newly formatted to be compatible. Click here to view the new materials website.
ABI's Southwest Bankruptcy Conference was held in Las Vegas earlier this month, and resulted in an educational session of interest to the committee. Panelists for "Ethical Challenges Representing Committees" used the educational session to discuss Rule 2006 and the differences between case law before and after Universal Building Products. Attendees were also provided a hypothetical fact pattern and an appendix of related case law and studies. The session was moderated by Jeffrey N. Pomerantz of Pachulski Stang Ziehl & Jones LLP in Los Angeles. Panelists included Hon. Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware in Wilmington, Roberta A. DeAngelis of the Office of the U.S. Trustee in Philadelphia, Scott L. Hazan of Otterbourg, Steindler, Houston & Rosen, PC in New York and Larry H. Lattig of Mesirow Financial Consulting, LLC in Dallas. Click here to view "Ethical Challenges Representing Committees" educational materials.
The Midwestern Bankruptcy Institute and Consumer Forum was held earlier this month in Kansas City. At the conference there was a session titled "Ethical Standards: Where Do You Find Them, and Who Monitors Them?," which included a variety of relative topics such as moral and ethical obligations, environmental effects on these obligations, enforcement of the standards and possible outcomes of being caught in ethically questionable practices. The session was lead by David A. Lander of Gallow Johnson & Neuman, L.C. in St. Louis. Click here to view "Ethical Standards: Where Do You Find Them, and Who Monitors Them?" educational materials.
The Ethics Committee made a presentation this month at the Georgetown Views from the Bench titled "Solicitation and the Use of Conflicts Counsel, Universal Building Products, how the U.S. Trustee will enforce this (can you do a cold call?), Project Orange Associates LLC." The panelists offered discussion on the use of cold calls, committee solicitation and conflicts counsel, as well as provided attendees with an appendix with relevant codes and rules and case studies for further reading. Richard M. Meth of Fox Rothschild LLP in Roseland, N.J. moderated the session and Michael P. Richman of Patton Boggs LLP in New York acted as the facilitator. Panelists included Hon. C. Ray Mullins of the U.S. Bankruptcy Court for the Northern District of Georgia in Atlanta, Hon. Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delawarein Wilmington and Hon. Judith H. Wizmur of the U.S. Bankruptcy Court for the District of New Jersey in Camden. Click here to view "Solicitation and the Use of Conflicts Counsel, Universal Building Products, how the U.S. Trustee will enforce this (can you do a cold call?), Project Orange Associates LLC" educational materials.
