It is hard to open a law periodical these days without hearing about the shift from hourly billing to alternative fee arrangements such as flat fees. It may be premature to mourn the demise of the billable hour, but it is nevertheless imperative for lawyers to become familiar with the ethical pitfalls inherent in alternative billing arrangements.
![Photo of Sharon L. Levine [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Levine.jpg)
In a recent decision in the chapter 11 case of Project Orange Associates LLC,[2] the court confronted an important issue that often arises in bankruptcy cases: whether the use of conflicts counsel is sufficient to permit court approval under § 327(a) of the Bankruptcy Code of a debtor’s choice for general bankruptcy c
Recent Second and Ninth Circuit opinions highlight the dispute over whether the Bankruptcy Code authorizes allowance of claims for post-petition legal fees incurred by unsecured creditors. Specifically, while not all circuits agree, in the wake of the 2007 U.S. Supreme Court decision, Travelers Casualty & Surety Co. of North America v. Pacific Gas & Electric Co., 549 U.S.
![Photo of Richard P. Carmody [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Carmody.jpg)
You have been hired to represent a secured lender in a bankruptcy case. Thankfully, the lender took a lien on collateral with a value greatly exceeding the amount of the debt, and the loan documents provide coverage for legal fees and expenses.
In a nondischargeability action under 11 U.S.C. §523(a)(2)(A) against an attorney by his client, the Tenth Circuit Court of Appeals held that attorney Harold Riebesell could not discharge a loan made to him by his client in his chapter 7 case where he failed to disclose his perilous financial condition to his client. Johnson v.
Cases—like seasons—come and go. What remains is the indelible mark left by the professional footprint of counsel.
Cases—like seasons—come and go. What remains is the indelible mark left by the professional footprint of counsel. Long after the mediation is concluded, the plan confirmed, the jury discharged, the defendant sentenced, the loan closed, the adoption granted and file retired, there will remain both intended and unintended impressions and appreciations of the parties and their counsel.
