Ethics

The Shrinking Practice The state of the bankruptcy bar and why it's shrinking. In the past 2 years, our 3-person panel has taken over 5 other law practices. Three practitioners retired. One died. One simply wanted to get out of the bankruptcy practice area. Many more exits are on the horizon.

It's important to understand how to take over another attorney's practice effectively, efficiently, and ethically. We are compelled to give clients options, but also have a duty to ensure they will continue to have cost-effective representation. It's also essential that those of us in the practice NOW are taking the appropriate steps in succession planning to make these transitions smooth.

We will discuss why we think people are getting out, why now, and what we can do to ensure we continue to have provide quality legal services in the practice of bankruptcy law. What steps must be taken under the guidance of the OCDC to efficiently and effectively take over a law practice. Consumer Suggested Speakers Betsy Lynch blynch@chinnery.com Chinnery Evans & Nail, PC

Working with Local Counsel in Chapter 11 Cases Parties in large, complex bankruptcy cases routinely retain local counsel when that party's primary counsel has no office or attorneys licensed in a particular venue. Local counsel can provide critical support in these cases--to creditors, committees, groups, and debtors--including having local knowledge, well-formed relationships in the venue, and familiarity with other professionals and the court.

But hiring local counsel can present myriad issues with retention, compensation, and, in particular, ethics. Many courts have strict rules on hiring local counsel, including some jurisdictions that require local counsel to play a substantive role in the case (as opposed to simply signing/filing pleadings), including attending all depositions and hearings. There may be many landmines waiting for both local and outside counsel, depending on the jurisdiction.

This panel would discuss the benefits of local counsel, things to avoid, and ethical/compensation related issues. The panel could consist of an attorney that often serves as local counsel, an attorney that often hires local counsel as outside counsel, and a judge that frequently sees retention of local counsel (to provide that judge's views on what works, what doesn't, and things to avoid). This panel would discuss the benefits of local counsel, things to avoid, and ethical/compensation related issues. The panel could consist of an attorney that often serves as local counsel, an attorney that often hires local counsel as outside counsel, and a judge that frequently sees retention of local counsel (to provide that judge's views on what works, what doesn't, and things to avoid). Business Tim Anzenberger tim.anzenberger@arlaw.com Adams and Reese LLP

Women and Bankruptcy ? Challenges that face women attorneys: why are there so few women bankruptcy attorneys? Recently, I have noticed very few women attorneys in all the cases I handle. I practice mass torts, where attorneys come in from the most prominent law firms, and almost all of the attorneys in the hearings (over 40 attorneys sometimes) are men. I also practice consumer cases, and there have been several instances where I have been the only attorney with clients in court.

I am also a mother with young children and a spouse who also has a demanding job, and our law firms are not set up to support this kind of situation (but it is absolutely necessary in today's economy).

This issue has recently been brought to the forefront of our profession by the American Bar Association (ABA)'s Parenthood and Child Caregiver Study released in late 2023:
https://www.americanbar.org/groups/diversity/women/publications/perspectives/2023/november/parenthood-and-child-caregiver-study-published-late-october/

https://www.americanbar.org/content/dam/aba/administrative/women/2023/parenthood-report-2023.pdf Understanding the challenges women face in profession, especially mothers. Encourage employers to adopt from some of the suggestions in the ABA: Parenthood and Child Caregiver Study to keep women in the profession.

I also feel that this topic will be timely at the Winter Leadership Conference as we honor our 2024 ABI 40 Under 40 recipients who may face similar career challenges. Other Suggested Speakers Diana Santos Johnson dsantosjohnson@waldrepwall.com Waldrep Wall Babcock & Bailey PLLC

Successful marketing a bankruptcy practice Describe different strategies for marketing a bankruptcy practice to other lawyers, professionals, and prospective clients and identify which personality characteristics work for varying strategies. Learn how to differentiate your practice from your competition and demonstrate to your audience why you are the appropriate lawyer for the specific task and should be selected in a competitive environment. Consumer Suggested Speakers Randy Nussbaum randy.nussbaum@sackstierney.com Sacks Tierney Scottsdale

Financial Reporting vs Cash Flow Projections Double entry accounting and financial statement literacy, cash flow projections, monthly operating report basics - the new forms.
Tax issues.
Adult ADHD diagnoses - coping skills - (luncheon speaker?)
Substance abuse
Boycott Arizona until they change their 1800s laws regarding women's health. Go back to Terranea. I will not be attending. Business ELISA SARTORI esartori@greenridgeservices.com Greenridge Financial Services LLC

Disclosure: What are our obligations to disclose when we know? The ethical issues involving Judge David Jones in Texas are in the news all over the world. What lessons to we learn? What obligations do professionals -- both practitioners and judges have to question "connections"? How do we protect our industry which is built on transparency, notice and fairness? What happens when we fail to protect it? Does the public shrug their shoulders and figure that none of it is fair and only the powerful benefit? The mistrust hurts us all and especially in a court system that sees more businesses and individuals than any other. Are we destroying ourselves by regarding this as more of a game and forgetting that this is a profession that is built on trust? What should professionals and judges consider for disclosure of "connections"?
How do we determine what should be disclosed?
How do we live within our ethical obligations while providing the best representation of our clients? Business Suggested Speakers Deborah Thorne deborah_thorne@ilnb.uscourts.gov United States Bankruptcy Court NDIL

Artificial Intelligence how this technology may aid in various aspect of the bankruptcy practice (consumer, business, sales, cases with large number of claims, etc.) and ethical concerns. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Duty of the Bar to Protect Judges I have been thinking about this issue since Purdue and also what I saw in LTL in terms of sanctionable conduct with letters and pleadings from lawyers who should know better. I think it is part of a general decline in ethics and professionalism that includes less candor with, and more lying to, courts, including everything from misciting authority to false statements of fact. Open disrespect seems at a historic level. I think it is time for a high level panel/program on the subject. [FROM BOB KEACH] Other Suggested Speakers Amy Quackenboss aquackenboss@abi.org ABI

Ethics and Disclosure Requirements Disclosure requirements under the professional rules of conduct and the Bankruptcy Code. Business Ericka Johnson ejohnson@bayardlaw.com Bayard, P.A.

Conflicts Challenges at the Judiciary Level Perceived conflicts for Judges.
Best practices for the Judiciary Other Soneet Kapila skapila@kapilamukamal.com KapilaMukamal LLP