One Violation; Two Lawyers
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney on Jun 1, 2009 in Bankruptcy Practice and Procedure
A simple enough situation. After a bankruptcy case was filed, a large telephone and Internet ervice provider sent bills from its special bankruptcy administration office for a pre-bankruptcy debt. I filed a motion for sanctions. The provider then sent a notice of termination of services. I called it to confirm receipt of the motion and suspension of further collection activity. The provider then terminated service. I called it to reinstate service, and I filed an amended motion which discussed the later collection activities.
Trial has been scheduled. I’ve been subpoenaed to attend a deposition. This is correct, because I became a witness once I made my first call. Ethical rules allow me to continue with representation up to, but not including, the trial. A second attorney will be brought in.
I’m not terribly bothered by this. I made the decision to directly call the provider. The alternative of having a staffer make the call would have (1) risked the consequences of a miscommunication, and (2) exposed that staffer to testifying.
The provider can choose to object to my representation at trial, which will double the attorney fees it will pay if the motion succeeds.
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