Whether you’re a new bankruptcy attorney, paralegal, or an attorney seeking a refresher program, NACBA has you covered with this fantastic one-day intensive pre-conference program. Bankruptcy is not about filling-out forms. Bankruptcy is a serious area of law and can be riddled with malpractice pitfalls. The quality of our legal work matters and this is where we can all improve. Attorneys: Send your paralegals! Law firms: Send your new attorneys!
Agenda:- Overview of Bankruptcy – Chapter 7, 9, 11, 12, 13, 15, and SBRA
- Stay in Your Lane! Unlicensed practice of law. How to train staff to understand the difference between answering a general question v. giving legal advice. Ethics.
- Polished Legal Drafting (proper grammar, punctuation, active voice, eliminate legalese, proper formatting, proper citations, and more!)
- Professional Business Letters – Appointment letters, Consult F/U letters, Engagement Letters, Non-Engagement, Disengagement, Welcome Letters, 341 Letters, Discharge, Dismissal, Case Closure Letters, Conflict Waivers
- Drafting Declarations – Who, What, When, Where, Why, and How? Show me the Exhibits
- Preparing Exhibits
- Complying with FRBP, FRCP, LBRs
- Email v. Snail Mail or Both
- Intake Process, Client Questionnaires, Best practices
- Malpractice Pitfalls
- When to File? Where to File? Don’t File! Refer it or decline it!
- Know Your Exemptions
- Know When You Need Outside Counsel - Estate Planning Issues, Family Law, Criminal, Civil, Corporate, Tax, Intellectual Property, Personal Injury – Bankruptcy Crossover Issues are Huge!
- Conflicts of Interest
- Written Fee Agreements
- Collection of Documents
- Systems, Apps, Software, Client Portals … Oh My!!!
- Petition Preparation, Means Test, Income Calculation & Evidence!!!
- Best Practices for Filing
- Preparation of Trustee Documents, Trustee Requests, UST Inquiries
- Documenting your file, your time, and supporting your attorney
- Understanding the Business of Bankruptcy
- Duty to Your Client
- Profitability
- Budgeting
- Ethics
- CYA
- Discharge, Dismissal, and Multiple Filings – How to Conclude a Case
