Litigation and Ethics: It’s Just a Simple Stay Hearing – Part I

 

By Judge Thomas F. Waldron & John F. Cannizzaro (© Copyright 2012 Used with permission)

1. BACKGROUND

A. BASIC LITIGATION CONCEPTS AND ETHICAL CONSIDERATIONS

The simple thesis of this article- Litigation: It’s just a simple stay hearing - is that applicable federal and state statutes and rules governing professional conduct must always control an attorney’s efforts in litigation, as they must control in all aspects of an attorney’s practice. This is, of course, true for often repetitive, but seldom identical, simple stay hearings, which present potential pitfalls for both creditor . . .

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