Attention:

Leading Issues in Ethics and Civility, In and Out of the Courtroom


Level: Advanced
Runtime: 88 minutes
Recorded Date: April 14, 2019
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Agenda


  • What is "Zealous Advocacy"?
  • Staying Behind the Ethical Line, but Crossing the Line of Civility
  • Reporting Professional Misconduct
  • Judicial Conduct
  • Extrajudicial Conduct
  • Judges on Social Media
  • Factual Research on the Internet
  • Inappropriate Conduct with Judicial Staff and Litigants
  • Political Involvement, Affiliations and Activities
  • Reporting Obligations
  • Proposed Changes to Code of Conduct for US Judges and Judicial Conduct
Runtime: 1 hour and 28 minutes
Recorded: April 14, 2019

Description

Where is the line between zealous advocacy and unethical conduct? What role does civility play in the legal profession and in our system of justice? How does the practice of civility — even when the judge isn’t there to see it — impact our clients’ interests and our profession? These are just some of the questions this panel will explore as it examines the leading issues in ethical conduct and civility — both in and out of the courtroom.

This program was recorded as part of ABI's 2019 Annual Spring Meeting on April 14th, 2019.

Provided By

American Bankruptcy Institute

Panelists

Tara E. Nauful

Of Counsel
Beal, LLC

Tara joined BEAL, LLC in October, 2018 following a two-year clerkship with the United States Bankruptcy Court for the District of South Carolina. Prior to her clerkship, Tara was in private practice for 23 years, representing financial institutions and other lenders in both commercial and consumer distressed debt matters, including debt collection actions, claim and deliveries, foreclosures, and suits against borrowers and guarantors. She has also served as a state court receiver, and counsel for a Chapter 11 trustee. Tara has completed the American Bankruptcy Institute and St. John’s University School of Law’s 40-hour Bankruptcy Mediation Training, and is approved by the South Carolina Board of Arbitration and Mediator Certification to serve as a Circuit Court Mediator. Tara is a resident of Charleston, South Carolina.

Jerry M. Markowitz

Shareholder
Markowitz, Ringel, Trusty & Hartog, P.A.

Jerry Markowitz is a founding shareholder of Markowitz Ringel Trusty + Hartog, P.A. He concentrates his practice in the areas of creditors’ and debtors’ rights, including workouts, bankruptcy, asset recovery, insolvency, receiverships, reorganization, restructuring and mediation.

David W. Houston, IV

Partner
Burr & Forman LLP

David is a business bankruptcy lawyer who represents secured creditors and other lenders in commercial bankruptcy proceedings, out of court restructuring, and state and federal court receiverships. David has also represented corporate debtors, creditors committees, trustees and numerous other constituencies in all aspects of Chapter 11 bankruptcy cases.

David practices with the firm’s Creditors’ Rights & Bankruptcy group. His experience focuses on commercial bankruptcy matters, including the representation of secured and unsecured creditors, committees, defendants in preference actions, corporate debtors and parties involved in out of court restructurings and state and federal receiverships.

David is admitted to practice in Tennessee (2000), Mississippi (2001), the U.S. District court, Middle (2001), Eastern (2004), Western (2007) Districts of Tennessee and the U.S. District court, Northern (2009) and Southern (2009) Districts of Mississippi as well as the Sixth Circuit Court of Appeals (2002). Mr. Houston is a member of the Tennessee Bar Association (past chair of the Bankruptcy Section Executive Council), the Nashville Bar Association (past chair, Bankruptcy Court Committee; past chair, Local Rules Sub-committee), the Mississippi Bar Association, the American Bar Association, the Mid-South Commercial Law Institute (Director, 2003-2008), American Bankruptcy Institute (past Co-Chair, Ethics and Professional Compensation Committee; past Co-Chair, Southeast Bankruptcy Workshop) and a current board member of the Turnaround Management Association Tennessee Chapter. He has been recognized in The Best Lawyers in America for his work in the Bankruptcy and Creditor-Debtor Rights area since 2010.

David earned his J.D., 2000, from the University of Mississippi School of Law, and his B.P.A in Criminal Justice Administration, 1997, also from the University of Mississippi.

James T. Markus

Co-Counder & Member
Markus Williams & Young LLC

James T. Markus is a co-founder and member of Markus Williams Young & Hunsicker LLC, and is certified by the American Board of Certification as a Business Bankruptcy Specialist and a Director of the American College of Bankruptcy Fellows. Jim specializes in the representation of secured creditors, lessors, asset purchasers, official committees, debtors and trustees in commercial transactions, distressed debt transactions, workouts, restructurings, and Chapter 11 bankruptcy proceedings.

Hon. Bruce A. Harwood

Chief U.S. Bankruptcy Judge
U.S. Bankrutpcy Court District of New Hampshire

Hon. Bruce A. Harwood is Chief U.S. Bankruptcy Judge for the District of New Hampshire in Manchester, first appointed in March 2013. He also serves on the First Circuit’s Bankruptcy Appellate Panel.

Prior to his appointment, Judge Harwood chaired the Bankruptcy, Insolvency and Creditors’ Rights Group at Sheehan Phinney Bass Green in Manchester, N.H., representing business debtors, asset-purchasers, secured and unsecured creditors, creditors’ committees, trustees in bankruptcy, and insurance and banking regulators in connection with the rehabilitation and liquidation of insolvent insurers and trust companies. He was also a chapter 7 panel trustee in the District of New Hampshire and mediated disputes arising in debtor/creditor relations. Judge Harwood was program co-chair of ABI’s Northeast Bankruptcy Conference for four years, served on ABI’s Board of Directors (Communication, Information and Technology Committee) and was Northeast Regional Chair of the ABI Endowment Fund’s Development Committee. He is a Fellow in the American College of Bankruptcy and was consistently recognized in the bankruptcy law section of The Best Lawyers in America and in New England Super Lawyers, as well as in Chambers USA with a “Band 1” ranking in the field of corporate/commercial bankruptcy.

Judge Harwood received his B.A. from Northwestern University and his J.D. from Washington University School of Law.


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