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General Bankruptcy Ethics

Bankruptcy Judge Dan Collins discusses the importance of ethics in bankruptcy law, emphasizing the need for lawyers to adhere to the Rules of Professional Responsibility, the Bankruptcy Code and their local rules. He highlights such key ethical rules as ER 1.15A, which prohibits the commingling of client funds, and ER 1.3, which mandates diligent representation. Judge Collins also addresses the importance of informed client consent, effective communication and managing conflicts of interest. He stresses the necessity of staying current on bankruptcy law, maintaining accurate conflict checks, and ensuring transparency in fee agreements. Additionally, he touches on the role of artificial intelligence in legal practice and the ethical responsibilities of judges.

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Keywords:

ethics in law, bankruptcy ethics, professional responsibility, client funds, competent representation, scope of representation, retainer agreement, client communication, fiduciary duty, conflicts of interest, advertising guidelines, fee agreements

Duration:

36 minutes 31 seconds

Hon. Daniel P. Collins is a U.S. Bankruptcy Judge for the District of Arizona in Phoenix, appointed on Jan. 18, 2013. He served as chief judge from 2014-18 and is presently a conflicts judge in the Districts of Guam, Hawaii and Southern California. Previously, Judge Collins was a shareholder with the Collins, May, Potenza, Baran & Gillespie, P.C. in Phoenix, practicing primarily in the areas of bankruptcy, commercial litigation and commercial transactions. He is president of the National Conference of Bankruptcy Judges, is a Fellow in the American College of Bankruptcy, served on ABI’s Board of Directors, is on the board of the Phoenix Chapter of the Federal Bar Association and is a member of the University of Arizona Law School’s Board of Visitors. He also is a founding member of the Arizona Bankruptcy American Inn of Court. Judge Collins received both his B.S. in finance and accounting in 1980 and his J.D. in 1983 from the University of Arizona.

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