At the December 2016 Winter Leadership Conference, we joined with the Young and New Members Committee to present a panel discussion entitled “Ethical Issues that Arise When Supervising Attorneys Work with Junior Attorneys and Non-Attorney Professionals.” The panel consisted of Jennifer B. Kimble (Prime Clerk; New York), Michelle K. Ostrye (Askew & Mazel LLC; Albuquerque, N.M.) and Nancy J. Whaley (Standing Ch. 13 Trustee; Atlanta).
At the 2016 Annual Spring Meeting, the Ethics and Professional Compensation Committee was excited to present, in conjunction with the Unsecured Trade Creditors Committee, an informative and thought-provoking discussion entitled “Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals.” The panel was moderated by Brent I. Weisenberg (Ballard Spahr; New York), with panelists Hon. Mary F. Walrath (U.S. Bankruptcy Court (D. Del.); Wilmington), Hon. Melanie L. Cyganowski (ret.) (Otterbourg P.C.; New York) and ABI President Jeffrey N. Pomerantz (Pachulski Stang Ziehl & Jones LLP; Los Angeles). The panel and audience were engaged and a lively, interesting discussion occurred.
In addition to offering educational programming, the committee, with significant contributions from its members, will have issued four newsletters by the end of this year, including 11 substantive articles. The 2016 articles included in our newsletters and other articles posted on our committee’s ABI web page are listed here:
May 2016 (Vol. 14 No. 1):
- Liability for Violating the Automatic Stay: How Cutting Corners Costs Money - James B. Kobak, Jr. (Hughes, Hubbard & Reed LLP; New York) & Eleni Theodosiou-Pisanelli (Hughes, Hubbard & Reed LLP; New York)
- Defending Professional Fees: SCOTUS Shuts the Door, and the Delaware Bench Closes the Window - Matthew Garofalo (Stroock & Stroock & Lavan LLP; New York) & Gabe Sasson (Stroock & Stroock & Lavan LLP; New York)
July 2016 (Vol. 14 No. 2):
- In re Jones Challenges Sanctions Ordered Under Bankruptcy Rule 9011 - Marta Alfonso (Morrison, Brown, Argiz & Farra, LLC; Miami)
- Professional Fees: Under Increased and Continuing Scrutiny - Joanne Lau (Stroock & Stroock & Lavan LLP; New York)
August 2016 (Vol. 14 No. 3):
- Ninth Circuit Bankruptcy Appellate Panel Holds that Trustee Can Liquidate Debtor’s Pre-Paid Advance Fee Retainer by Rejecting Agreement and Terminating Legal Services - Keith L. Kleinman (Cozen O’Connor; Wilmington Del.
- Can This Possibly Be Ethical or Permissible? - Jennifer Larkin Kneeland (Linowes and Blocher LLP; Bethesda, Md.)
- No Surprise: A Court Can and Will Significantly Reduce “Exaggerated” and “Overstated” Attorneys’ Fees - John F. Theil (Stuart Maue; St. Louis, Mo.)
November 2016 (Vol. 14 No. 4):
- Attorneys’ Fees Alone — Without Actual Damages or Ongoing Stay Violation — Do Not Warrant Sanctions for Violations of the Automatic Stay - Graham Mitchell (Nelson Mullins Riley & Scarborough LLP; Columbia, S.C.)
- U.S. District Court Has Subject-Matter Jurisdiction over Attorney Malpractice Claim Stemming from Services Provided in Bankruptcy Case - Jennifer Larkin Kneeland (Linowes and Blocher LLP; Bethesda, Md.)
- Bankruptcy Attorney Sanctioned for Docusigning Debtor’s Signature to Documents Filed with the Court - Keith L. Kleinman (Cozen O’Connor; Wilmington, Del.)
- Sanctions Upheld for Bad-Faith Delay and Improper Purpose - Jeffrey Coe (Mesch Clark Rothschild, P.C.; Tucson, Ariz.)
The committee is currently seeking articles for the early 2017 newsletter. Articles are due no later than Jan. 15, 2017. Typical article length is 500-1,200 words. All articles should be submitted to Newsletter Editor Tara Nauful.
This year, we were pleased to be newly joined in committee leadership by Summer Chandler (Education Director), Sean Markham (Communication Manager) and Ryan Foley (Special Projects). Along with continuing leaders Tara Nauful (Newsletter Editor), Gregory Taube (Membership Relations Director) and Nellwyn Voorhies-Kantak (Special Projects), we look forward to providing the committee’s members and the ABI community with information and opportunities concerning ethical and professional compensation issues important to your practice. The committee is working on expanding its social media presence in the coming year, and we hope you will join us in our efforts during 2017!