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Bankruptcy Ethics and Professional Responsibility
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Flashcards
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Conflict of Interest
Attorneys must avoid representing parties with conflicting interests in bankruptcy proceedings.
Competence
Bankruptcy practitioners are required to provide competent representation to their clients.
Fees and Expenses
Fees charged by bankruptcy attorneys must be reasonable and disclosed to the client and court.
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.
Due Diligence
Bankruptcy attorneys must conduct a thorough investigation to provide informed advice and representation.
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.
Pro Bono Services
Bankruptcy attorneys are encouraged to provide legal services to those unable to pay.
Reporting Professional Misconduct
Bankruptcy practitioners have a responsibility to report any professional misconduct by others in their field.
Representation Limitations
Lawyers must not take on bankruptcy cases that they are not qualified to handle or that would lead to unreasonable workload.
Bankruptcy Fraud
Attorneys must not knowingly assist in any fraudulent bankruptcy activities.
Withdrawal from Representation
An attorney may need to withdraw from a bankruptcy case due to various ethical concerns such as client fraud.
Attorney-Client Agreement
The agreement should clearly outline the scope of representation, fees, and other significant aspects of the bankruptcy case.
Advertising and Solicitation
Bankruptcy attorneys must adhere to ethical rules regarding the advertising of their services and solicitation of clients.
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