The Ninth Circuit recently upheld a motion for sanctions against an attorney and his law firm for improperly removing a case. This raises the question of whether there is a trend of courts developing less tolerance for aggressive litigation tactics or whether this was an isolated incident where the facts justified the application of sanctions at any period of time.
Ethics And Professional Compensation Committee
Committees
This edition of the Ethics and Professional Compensation Committee newsletter marks the first edition from the new leadership. Richard Carmody of Adams & Reese has done an amazing job as our newsletter editor, and we would be remiss not to thank him for his work. Thanks, Richard!
Bankruptcy lawyers often deal with unrepresented persons. For example, in more than 10 percent of consumer cases, the debtor has no lawyer. [1] Counsel for an unrepresented debtor’s secured creditors may have dealings with the debtor regarding motions for relief from stay or reaffirmation agreements.
Many cases are won or lost on discovery. Ironically, this key aspect of litigation is typically subject to minimal judicial control, and lawyers are instead often left to comport themselves in the discovery process with civility, honor and integrity.
On Dec. 2, 2009, perceptive lawyers may have noticed a small disturbance in the force.
The Bard of Avon expressed a variety of views on the legal profession.
Webster’s Dictionary defines “zeal” as “eagerness and ardent interest in pursuit of something.” Zeal has initiated much debate among legal professionals. What does it mean to be a zealous advocate? Is zealous advocacy even permissible in today’s practice of law?
The Seventh Circuit affirmed a district court’s ruling that a debtor-in-possession (DIP) lender had breached its financing agreement, barring its claim for commitment and funding fees from the DIP. [1] Although the DIP itself had also breached the agreement, that breach was not, in the court’s view, effective until after the len
The Professional Ethics Committee for the State Bar of Texas recently issued Opinion No. 603 regarding a lawyer’s duties when he or she represents an insolvent corporation.
Social media transformed the way people communicate and interact with one another.
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143
Co-Chair
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
Membership Relations Director
Douglas W. Neway, Standing Chapter 13 Trustee
Jacksonville, FL
(904) 358-6465
Newsletter Editor
Parsons Behle & Latimer
Salt Lake City, UT
(801) 536-6788
Special Projects Leader
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754