Ethics: Keeping Up Appearances (On Demand Seminar)

The speakers discuss ethical issues that arise in the decision to represent and the representation of clients in regular bankruptcy practice. In particular, the speakers use facts from real cases to cover ethical concerns that arose from attorneys filling in as appearance counsel in bankruptcy matters.

Topics Covered Include:

• Rule 1.1 Competence
• Rule 1.2 Scope of Representation
• Rule 1.3 Diligence
• Rule 1.4 Communication
• Rule 1.5 Fees
• Rule 2.1 Advisor
• Rule 3.3 Candor Toward Tribunal
• Rule 3.4 Fairness to Opposing Party and Counsel
• Rule 5.1 Responsibility of Partners and Supervisory Attorneys
• Rule 8.4 Misconduct
• Local Rules of the United States Bankruptcy Court for both the Eastern District of Virginia and for the Western District of Virginia

ABOUT THE SPEAKERS

Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke

Richard C. Maxwell is a member of the firm of Woods Rogers PLC.  He is head of the firm’s Bankruptcy and Creditors’ Rights Group.  His practice area includes bankruptcy and creditors’ rights, commercial law, and equine law.  He is a Fellow in the American College of Bankruptcy. He is also the former Director and Chairman of the Bankruptcy Section of the Virginia State Bar, the former Chairman of the Advanced Consumer Bankruptcy Law Conference, and serves on the planning committee for the Mid-Atlantic Institute on Bankruptcy and Reorganization Practice.  He is the editor of the materials on Enforcement of Federal Liens and Foreign State Court Judgments contained in Enforcement of Liens and Judgments in Virginia published by the Virginia Law Foundation.  Mr. Maxwell earned a bachelor’s degree from Lafayette College, a masters of business administration degree from Eastern Michigan University, and a law degree, cum laude, from the University of Richmond where he was a member of the Order of the Coif.  He has been recognized in the Best Lawyers in America, Super Lawyers, and named as a Legal Elite by the Virginia Business magazine.

Kenneth N. Whitehurst, III, Esq., Office of the U.S. Trustee / Norfolk

Ken was appointed to oversee the United States Trustee’s Norfolk office in November, 2014, after serving for over seven years as a Trial Attorney in the office. Ken also served as Acting Assistant United States Trustee for the U.S. Trustee’s Richmond office from January – May, 2020, and previously served as the U.S. Trustee’s Regional Appellate Coordinator.

Ken is a permanent member of the Fourth Circuit Judicial Conference. He recently completed two three-year terms on both the Board of Governors of the Virginia State Bar Bankruptcy Section, and the Second District Disciplinary Committee. Ken is a former president of the Tidewater Bankruptcy Bar Association, and was named to Inside Business’ “Top Forty Under 40.”

Prior to his career in public service, Ken was an Associate with Troutman Sanders LLP, specializing in intellectual property and complex financial litigation, and recognized as a “Rising Star” by Virginia Super Lawyers’ magazine. Ken holds a J.D. from the Marshall-Wythe School of Law at the College of William & Mary, and a B.A. in Cognitive Science and Philosophy from the University of Virginia.