RESOURCES : ARTICLES
The Bankruptcy Lawyers Rules of the Road
O. Max Gardner III
- Falsehood to yourself or to your clients. Never do anything to compromise your integrity. And, never work for (or with) anyone you do not trust.
- Falsehood to the Court. No further explanation necessary.
- Condescension to the Court or your adversary or your client or the creditor's representative.
- Condescension to witnesses or parties. In short, don't be a bully to witnesses, court personnel, or your colleagues.
- Sharp practice and trickery, to the Court and your opponents. Strike hard blows, but not foul ones.
- Wasting the time of the Court. Five witnesses instead of one; heedless, needless repetition-violating the principle of parsimony and failure to always follow the KISS Principle (Keep It Simple Stupid).
- Unpreparedness. Inexperience can be excused. But not knowing the facts of your case will do you in every time. Know the facts and know the law, period.
- Assuming the Bankruptcy Judge knows as much about your case as you do.
- Trust your clients but always independently verify the facts. And, treat your clients with the same dignity and respect that you would expect if you were in their shoes.
- Trust your instincts, they are usually correct.
- Always return debtors' calls as soon as possible; do not keep a debtor in your waiting room for an hour without a very good explanation; confirm everything in writing on a debtor's case (by note to file, memo or letter); be sure you have the debtor's authority to take any action in his or her behalf; and, never do anything to prejudice a debtor.
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