Sullivan Hill’s Elizabeth Stephens wrote an article published by the American Bankruptcy Institute Journal titled “Using Appearance Counsel in Court: Risky Business?” In the article, she discusses the use of appearance counsel and explains how debtors are entitled to representation by the counsel they retain unless they specifically consent to representation by substitute counsel.
“While numerous state ethical rules might be implicated in the context of appearance counsel, the major ethical pitfall is the failure to obtain the client’s informed consent to representation by substitute counsel,” states Ms. Stephens.
In the article, she explains what informed consent is and what should be done when using an appearance counsel. “While courts have generally focused on sanctioning debtor’s retained counsel for statutory and ethical violations if the use of uninformed appearance counsel is indeed on the rise, courts will undoubtedly begin to focus more on the conduct of appearance counsel,” states Ms. Stephens.
Ms. Stephens serves as managing attorney of Sullivan Hill’s Las Vegas office. She practices in the area of insolvency and bankruptcy, primarily representing trustees and creditors in consumer bankruptcies. She is also an experienced appellate lawyer.
About Sullivan Hill:
Sullivan Hill has provided efficient, aggressive and responsive legal representation for more than 50 years. The firm provides full service representation to clients in a variety of industries with an emphasis in insolvency, construction disputes, insurance coverage, real estate, business disputes, civil litigation, and transactional work. The firm has offices in San Diego and Las Vegas.