Where do some of the problems arise with these duties in a typical Chapter 13 Office situation? A new Staff Attorney may be either more technologically savvy than the Chapter 13 Trustee, or less. That may involve learning skills that are necessary to be competent in that specific Office environment in Rule does not appear to be limited to – 1.1, “skill” “legal skill”. If you are a you may see all kinds of technological shortcuts that could “techie”, be used to, in your view, increase efficiency. But, if your Chapter 13 Trustee doesn’t want to change the way paper is used in the Office, you need to get competent with that old Xerox and fax machines, and learn to scan paper documents into PDF format. Welcome to the 1990s! On the other hand, if your Chapter 13 Trustee wants to move the Office into a more paperless operation, you have to become competent in the computer skills that will allow you to provide competent representation in that Office environment. Problems sometimes arise in Offices where a new Chapter 13 Trustee comes in and does things differently that the past Chapter 13 Trustee did them. This can be a particular problem when you were also a candidate who interviewed for the position, and you get it. It matter you have to either be able to get your mind right, didn’t doesn’t – and be completely loyal to your client or at the very least be able to act exactly as you – would if you were completely loyal to your client or, ethically, you have to leave. That may seem harsh, but think of what other attorney are required, by their professional duties, to do: If you represent a murderer, you stand up in court and can’t say: my client wants to plead not guilty. But, I a “Your Honor, mean, damn. He’s murderer, so not going to follow his Or, think of the attorney who is I’m instructions.” caught in a battle over disclosure of attorney-client communications and is waiting in jail for the court of appeals to consider an appeal of the contempt order. lower court’s Bankruptcy lawyers are not lawyers of a lesser god. Nor are Staff Attorneys somehow exempt from the rules of professional conduct because they are hard to follow, or because your feelings are hurt, or leaving would be an economic hardship. You are a professional, and the rules are the rules.
Where do some of the problems arise with these duties in a typical Chapter 13 Office situation? A new Staff Attorney may be either more technologically savvy than the Chapter 13 Trustee, or less. That may involve learning skills that are necessary to be competent in that specific Office environment – in Rule 1.1, “skill” does not appear to be limited to “legal skill”. If you are a “techie”, you may see all kinds of technological shortcuts that could be used to, in your view, increase efficiency. But, if your Chapter 13 Trustee doesn’t want to change the way paper is used in the Office, you need to get competent with that old Xerox and fax machines, and learn to scan paper documents into PDF format. Welcome to the 1990s! On the other hand, if your Chapter 13 Trustee wants to move the Office into a more paperless operation, you have to become competent in the computer skills that will allow you to provide competent representation in that Office environment. Problems sometimes arise in Offices where a new Chapter 13 Trustee comes in and does things differently that the past Chapter 13 Trustee did them. This can be a particular problem when you were also a candidate who interviewed for the position, and you didn’t get it. It doesn’t matter – you have to either be able to get your mind right, and be completely loyal to your client – or at the very least be able to act exactly as you would if you were completely loyal to your client or, ethically, you have to leave. That may seem harsh, but think of what other attorney are required, by their professional duties, to do: If you represent a murderer, you can’t stand up in court and say: “Your Honor, my client wants to plead not guilty. But, I mean, damn. He’s a murderer, so I’m not going to follow his instructions.” Or, think of the attorney who is caught in a battle over disclosure of attorney-client communications and is waiting in jail for the court of appeals to consider an appeal of the lower court’s contempt order. Bankruptcy lawyers are not lawyers of a lesser god. Nor are Staff Attorneys somehow exempt from the rules of professional conduct because they are hard to follow, or because your feelings are hurt, or leaving would be an economic hardship. You are a professional, and the rules are the rules.
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