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Choice of Ethics Rules for Non-Court Matters: Which Jurisdiction’s Ethical Rules Govern Conduct Related to Out-of-Court Transactions?

Lawyers focusing on corporate bankruptcy matters, especially those who work at firms with a large national presence, often represent clients throughout the country and are commonly admitted to practice in more than one jurisdiction. Further, bankruptcy attorneys often blend their practice with bankruptcy court litigation and out-of-court restructuring and transactional matters.

Bonfire of the Ambiguities: A Case Study on Restructuring Fees in River Road Hotel Partners

After a significant amount of litigation including an appeal, remand and trial over a two-year period, the bankruptcy court overseeing In re River Road Hotel Partners LLC[1] ultimately determined that FBR Capital Markets & Co., located in Arlington, Va. (FBR), was entitled to payment of its restructuring fee of $2,666,965.73 and expenses of $12,179.01.

Choice of Ethics Rules for Non-Court Matters: Which Jurisdiction’s Ethical Rules Govern Conduct Related to Out-of-Court Transactions?

Lawyers focusing on corporate bankruptcy matters, especially those who work at firms with a large national presence, often represent clients throughout the country and are commonly admitted to practice in more than one jurisdiction. Further, bankruptcy attorneys often blend their practice with bankruptcy court litigation and out-of-court restructuring and transactional matters. So what happens when a dual-licensed bankruptcy attorney handling a non-court matter is subject to a state’s disciplinary authority? Which jurisdictional rules will govern that attorney’s conduct?