ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Ethics Blogs -> Legal Ethics Forum

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Ethics

: Legal Ethics Forum

Lawyering to undo a bankruptcy court's ruling: when does it cross the line?

ADVERTISEMENTS

Suppose you're a lawyer in US bankruptcy court and your client is ordered to transfer overseas assets.  You believe that under the local law of the foreign jurisdiction, compliance with the US court's order would be unenforceable, if not illegal.  You discuss with your client the legal options that might be available overseas to effectively thwart the US court's order.  At what point, if any, are such discussions an unethical flouting of the court's order?

This new opinion doesn't raise that issue neatly, because it appears that the US lawyer used deception in her lawyering.  But this kind of question is fascinating; it explores the tension between the roles of advocate and officer of the court.  The opinion also shows how a lawyer might begin such an analysis with arguably legitimate motives and then slowly inch toward an indefensible position during repeated interactions with the client. Although the opinion is 40 pages long, folks who like legal ethics issues will find reading it rewarding.


Full post as published by Legal Ethics Forum on April 08, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure

Selection of State Supreme Court Judges
How State Court Judges are Selected

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

Bankruptcy Law
A complete prime (pre-2005)

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

Lawsuits and Settlements

Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.

Katrina Victims See Justice, Ruling Paves the Way for Class Actions
Katrina Victims See Justice Ruling Paves the Way for Class Actions

Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.

Merger Agreement Rejected
Finish Line and Genesco reach $175 million settlement in merger dispute.

Anthem Blue Cross
Settles with California

Ebay Fined
French Court Sets Fine at $61 Million

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/06/26 16:37:23)