Advisory Opinion:
1783
Year Issued:
1997
RPC(s):
RPC 1.2; 1.4; 1.15(b)(4); 1.15(d)
Subject:
Lawyer's duty to represent debtor in bankruptcy when debtor unable to pay lawyer's fee
Your inquiry concerns the lawyer's duties to perform legal services for a debtor in possession. The Committee determined that a bankruptcy lawyer may withdraw when there is no means for the debtor to pay the lawyer's fees and need not continue to represent a Chapter 11 debtor in possession when the matter is converted to a Chapter 7 bankruptcy, provided that the provisions of RPC 1.15(b)(4) and 1.15(d), and applicable statutory law and court rules are complied with. Any withdrawal should be consistent with any representation agreement or court order. See RPC 1.2 and 1.4.
***