Professionalism: Dealing with Unprofessional Conduct in Bankruptcy

University of Memphis Law Review, The, Spring 2006 by Kennedy, David S, Lantin, Vanessa A, York, Alissa

Although the Eastern District of Tennessee does not deal expressly with the subject of attorney discipline, the Middle District of Tennessee does address the issue by supplementing its adoption of the Tennessee rules with the following:

b. Disbarment and Discipline.

(1) Any attorney who appears for any purpose submits to the discipline of this Court. A violation of any of the rules of professional conduct in connection with any matter pending before this Court subjects the offending attorney to appropriate disciplinary action.

(2) When an attorney has been disbarred or suspended from the practice of law by the Disciplinary Board of the Supreme Court of Tennessee or by the Courts or disciplinary bodies of any state or federal jurisdiction, or has been convicted of any crime involving moral turpitude, the attorney shall be suspended from practice before this Court.18

The above language provides not only attorneys but also the court in the Middle District of Tennessee with parameters for the discipline of attorneys. Moreover, the attorneys and the court have notice that unethical behavior will be subject to serious consequences.

Rather than adopt the rules of the Tennessee Supreme Court, the United States Bankruptcy Court for the Western District of Tennessee elected to incorporate the local rules of the United States District Court for the Western District of Tennessee and the American Bar Association's Code of Professional Responsibility within its own Local Rule 2091-1.19

The local rules of the United States District Court for the Western District of Tennessee require attorneys to comply with not only the rules of that court, but also the rules of the Tennessee Supreme Court.20 Consequently, the Bankruptcy Court for the Western District of Tennessee has cast a wide net for ethical standards of attorney conduct, because practitioners must adhere to rules established by the District Court for the Western District of Tennessee, the Supreme Court of Tennessee, and the American Bar Association (ABA).21

For a willful violation of those standards or these Rules, an attorney may be subjected to appropriate disciplinary action by the Court. Any attorney who is convicted of, or pleads nolo contendere to, a felony or is disbarred from practice in any state or Federal Court, is also thereby disbarred from this Court, unless re-admitted upon written motion by such attorney after hearing on such a notice as designated by the Court.22

Thus, attorneys practicing within the Western District of Tennessee are on notice that participating in unethical behavior may lead to stern disciplinary action. Problems within this district may arise, however, when there is a discrepancy among the many rules adopted by the court. In order to prevent such a problem, a revision of the Local Rule 2091-1 may be appropriate.

The United States Bankruptcy Court for the Northern District of Alabama provides for attorney discipline in the form of "disbarment, suspension, censure, reprimand, removal from a particular case, ineligibility for appointment as court appointed counsel, ineligibility to appear under subsection (b) and (c), monetary sanctions, or any other sanction the court may deem appropriate."23 The Northern District of Alabama also has established a grievance committee to