What are some of the most prominent ethical issues that affect a bankruptcy practice and what ethical considerations should a paralegal be aware of in a bankruptcy practice?
What will be an ideal response?
While all of rules of professional conduct may apply to a bankruptcy case, depending on its specific circumstances, the four most common ethical issues involved in practice are conflicts of interest, competency, confidentiality, and compensation. It is important for the bankruptcy paralegal to become acquainted with these issues to assist the attorney in complying with these rules and alert the attorney when problems arise.
It is not uncommon for attorneys who practice bankruptcy law to work on the creditors' side in other cases, so this type of conflict is not unlikely. Paralegals are often responsible for conducting a conflicts check when a potential client is considering hiring the firm to represent him or her for bankruptcy.
The ethical rule of competency requires attorneys and paralegals to possess the knowledge, skill, preparation, and thoroughness to represent bankruptcy clients adequately.
State codes of professional responsibility require attorneys and their paralegals to protect clients' confidentiality. Information regarding the client's case shall not be divulged to a third party unless the client consents or the attorney is required to do so under the law.
When it comes to fees, ethical codes require an attorney's compensation or fee to be reasonable, and the attorney must provide an explanation to the client regarding the scope of representation and the basis of the fee. Paralegals assisting bankruptcy attorneys must carefully document time spent on the case as well as details regarding the work performed by the office so proper disclosure may be provided to the court.
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