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Bankruptcy Ethics and Professional Responsibility
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Flashcards
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Competence
Bankruptcy practitioners are required to provide competent representation to their clients.
Withdrawal from Representation
An attorney may need to withdraw from a bankruptcy case due to various ethical concerns such as client fraud.
Fees and Expenses
Fees charged by bankruptcy attorneys must be reasonable and disclosed to the client and court.
Attorney-Client Agreement
The agreement should clearly outline the scope of representation, fees, and other significant aspects of the bankruptcy case.
Improper Advice
Advising a client to incur more debt before filing for bankruptcy can result in disciplinary actions for the attorney.
Fair Treatment
Professionals must ensure fair treatment of all parties, including creditors, during the bankruptcy process.
Reporting Professional Misconduct
Bankruptcy practitioners have a responsibility to report any professional misconduct by others in their field.
Conflict of Interest
Attorneys must avoid representing parties with conflicting interests in bankruptcy proceedings.
Confidentiality
Maintaining client confidentiality is crucial, especially regarding sensitive financial information in bankruptcy.
Duty of Candor
Bankruptcy professionals must be truthful to the court and avoid misleading through false statements or omissions.
Representation Limitations
Lawyers must not take on bankruptcy cases that they are not qualified to handle or that would lead to unreasonable workload.
Pro Bono Services
Bankruptcy attorneys are encouraged to provide legal services to those unable to pay.
Bankruptcy Fraud
Attorneys must not knowingly assist in any fraudulent bankruptcy activities.
Due Diligence
Bankruptcy attorneys must conduct a thorough investigation to provide informed advice and representation.
Advertising and Solicitation
Bankruptcy attorneys must adhere to ethical rules regarding the advertising of their services and solicitation of clients.
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