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Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Scholarly Works
The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.
Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of …
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
College of Law Faculty Scholarship
The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of reorganization …