Central District Consumer Bankruptcy Attorney's Association

Dennis,
I would like to see a discussion of the proper use of a "next friend"
under FRBP 1004.1. I have had the occasion to use them in two cases
recently. Their use raises both ethical and practical concerns on which
I would like to hear others opinions. The first ethical issue is: who's
the client? Secondly, what is the role of the disabled debtor in both
the 341A and in general during the representation. One of the clients
was schizophrenic and paranoid and was sometimes with it more than other
times. The other is mentally retarded and cannot read or write (oh but
those creditors do love to fill out applications for him). There are
also issues with educating the trustee so that they don't ask in the
hearing in front of God and everybody else why the debtor needs a next
friend and possibly the judge after they issue an OSC re "what is a next
friend?" I have apparently educated the clerks, since they didn't call
on the second filing to ask what the heck I thought I was doing.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union St Suite 206
Pasadena, CA 91106
Ph: 626-449-8433
Fax: 626-449-0565
pg23@earthlink.net
Sent: Sunday, June 13, 2004 8:59 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] next meeting july 24 - ethics mcle
Hello:
Yesterday the board decided to have an ethics mcle at our next
general meeting.
We propose to have a group discussion, led by a panel.
What are the burning ethics questions you would like us to research
and discuss?
Please post your ethics questions. We will pick four for the
discussion.
Thanks, remember, this is your organization, your participation is
key, post those ethics questions!
dennis
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Hi Dennis,

I recently received a subpoena to testify at a deposition regarding a former client I represented in bankruptcy who filed an action against a bank about 8 years later for theft of an account. Bank states that she committed fraud by not putting the total amount of her IRA in the bk. and states that there is no atty.-client privilege because of the fraud.

How about the atty.-client privilege in regards to testimony.
cdcbaaboard wrote:
Hello:
Yesterday the board decided to have an ethics mcle at our next
general meeting.
We propose to have a group discussion, led by a panel.
What are the burning ethics questions you would like us to research
and discuss?
Please post your ethics questions. We will pick four for the
discussion.
Thanks, remember, this is your organization, your participation is
key, post those ethics questions!
dennis
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Hi Dennis,

I recently received a subpoena to testify at a deposition regarding a former client I represented in bankruptcy who filed an action against a bank about 8 years later for theft of an account. Bank states that she committed fraud by not putting the total amount of her IRA in the bk. and states that there is no atty.-client privilege because of the fraud.

How about the atty.-client privilege in regards to testimony.cdcbaaboard <cdcbaaboard@yahoo.com> wrote:
Hello:Yesterday the board decided to have an ethics mcle at our next general meeting. We propose to have a group discussion, led by a panel.What are the burning ethics questions you would like us to research and discuss?Please post your ethics questions. We will pick four for the discussion.Thanks, remember, this is your organization, your participation is key, post those ethics questions!dennis
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Hi, Dennis. How about preparing budgets?

The post was migrated from Yahoo.

Hello:
Yesterday the board decided to have an ethics mcle at our next
general meeting.
We propose to have a group discussion, led by a panel.
What are the burning ethics questions you would like us to research
and discuss?
Please post your ethics questions. We will pick four for the
discussion.
Thanks, remember, this is your organization, your participation is
key, post those ethics questions!
dennis

The post was migrated from Yahoo.