Ethics (2018 Views from the Bench)

This panel explores key bankruptcy issues concerning the lawyer’s obligation to be “disinterested” and free from having adverse interests. How do these bankruptcy issues relate to the Model Rules of Professional Conduct, including RPCs 1.6 (“Confidentiality of Information”), 1.7 (“Conflict of Interest: Current Clients”), 1.9 (“Duties to Former Clients”), 1.18 (“Duties to Prospective Clients”), 3.3 (“Candor Toward the Tribunal”) and 4.1 (“Truthfulness in Statements to Others”)? The panel also addresses the current state of affairs with respect to the allowance of fees incurred in defending fee applications and the use of in-camera disclosures in conjunction with retention-related issues.