Professional Membership
Bankruptcy | Case Law | Attorney
ATTORNEY –Discipline; conflicts of interest; attorney/client
Hale v. United States Trustee, 509 F.3d 1139 (9th Cir. 2007)
Bankruptcy court did not abuse discretion in sanctioning counsel for repeatedly assisting
pro se debtors without appearing as counsel and without performing critical and necessary
services.
In re Lehtinen, 332 B.R. 404 (9th Cir. 2005)
Court’s three month suspension of attorney for numerous acts of misconduct may have
been warranted, but the court wrongly failed to consider mitigating and aggravating factors under
the ABA standards as adopted in In re Crayton, infra.
In re Rindlisbacher, 225 B.R. 180 (9th Cir B.A.P. 1998)
Ethical and attorney-client obligations barred attorney from raising former client’s
undisclosed income as grounds for denial of client’s discharge in bankruptcy.
In re Crayton, 192 B.R. 970 (9th Cir B.A.P. 1996) - disbarment
Permanent bar against bankruptcy practice in district reversed. Chapter. 11 bar left in
place.
U.S. v. Blackman, 72 F.3d 1418 (9th Cir. 1995), cert. denied, 117 S. Court. 275 (1996)
1. Federal common law of attorney client privilege applies under FRE
2. General Rule: Client I.D. and nature of fee arrangement not protected
In re America West Airlines, 40 F.3d 1058 (9th Cir. 1994)
Under 28 U.S.C. 1654, corporations and partnerships must be represented by attorneys
Admiral Ins. Co. v. U.S. District. Court for District. of Arizona, 881 F.2d 1486 (9th Cir. 1989) -
attorney-client privilege
Elements of privilege - no unavailability exception
In re Glad, 98 B.R. 976 (9th Cir. B.A.P. 1989)
('what' constitutes the practice of law)
In re Edsall, 89 B.R. 772 (Bankr. N.D. Ind. 1988)
Attorney not permitted to withdraw from representing debtor in dischargeability action -
failure to receive payment not grounds
U.S. v. Summet, 862 F.2d 784 (9th Cir. 1988)
Censure of attorney for in-court misconduct
Merle Norman Cosmetics, Inc. v. U.S. District. Court, Cent. District of California, 856 F.2d 98
(9th Cir. 1988)
Disqualification - conflict of interest standard