[CLBS] LBR 2016.1

Tue May 24 14:08:56 MDT 2022

James, et al.,

The Rule was originally debated and drafted through the Rules Committee at the request of the Court.  The text of the proposed Rule was then circulated with a request for public comments.  Tecla then followed up that request with a further plea on the listserv for public comments, especially from the debtor's attorneys that were most affected by the new Rule.  Having not received any significant public comment, the Rule was adopted and became effective January 1, 2022.  At the February conference, Tecla and Alex Caval spent a portion of their presentation discussing the new Rule, the genesis of the Rule, and provided some advice and guidance for Debtor's attorneys on implementing the new rule in their practice.

This Rule, and the process of getting it drafted, approved, commented on, and ultimately adopted, is a great example of why the Rules committee seeks input from the "stakeholders" in the process.  We want and encourage people to provide comments, ideas for new Rules, comments on existing Rules, etc.  As this Rule gets rolled out and implemented, it may be subject to adjustment (just as are any of the Local Rules).  Those adjustments will most likely be prompted by comments or anecdotes from cases and practice, and will similarly be subject to public comment periods, etc.  Please watch for those requests for input - we want and need everyone's participation.

Thanks!

Matt

Matthew T. Christensen
mtc at johnsonmaylaw.com<mailto:mtc at johnsonmaylaw.com>
https://protect-us.mimecast.com/s/NBvUCrkoq9UDEywqS7SDwz?domain=johnsonmaylaw.com<https://protect-us.mimecast.com/s/A4_TCv2vxZHyxJO9cXkalq?domain=johnsonmaylaw.com>

From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Tuesday, May 24, 2022 1:46 PM
To: Alexandra Caval <alex at cavallawoffice.com>; James Macdonald <james at macdonaldlawoffices.com>; Ryan Farnsworth <ryan at averylaw.net>
Cc: Bankruptcy list <clbs at admws.idaho.gov>
Subject: Re: [CLBS] LBR 2016.1

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IRONSCALES finds this email suspicious! The sender PGeile @ foleyfreeman.com may look familiar to you, but this email might be an impersonation attempt

>From Mr. Farnsworth:

Mr. Macdonald,

I think the answer to your question is that the feedback given in response to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not enough to persuade certain members of the rules committee to do anything other than implement the rule.

Did you send your feedback when requested?

The judges have recently been frustrated by one attorney who left clients in the lurch. This month's issue of The Advocate may provide a little more info.

Ryan Farnsworth
Avery Law

Patrick J. Geile
Direct:208-947-1563

-----Original Message-----
From: CLBS On Behalf Of Alexandra Caval
Sent: Tuesday, May 24, 2022 1:41 PM
To: James Macdonald
Cc: Bankruptcy list
Subject: Re: [CLBS] LBR 2016.1

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney had a problem with his disclosures and in some cases, with actually executing representation agreements with his clients. This problem was brewing last fall and was likely the catalyst behind new LBR 2016.1. While the offending attorney is no longer practicing in Idaho, the rest of us now have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald < james at macdonaldlawoffices.com> wrote:

> Still waiting for someone to explain/justify the need or purpose of
> LBR 2016.1.
>
> Can someone on the rules committee please chime in?
>
> Regards,
>
> James S. Macdonald
>
> MACDONALD LAW, PC
> PO Box 1545
> Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID
> 83864
> 208.263.6546
> 208.263.0759 (Fax)
>
> The information in this email message may be privileged, confidential
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> you think you received this email message in error, please reply to
> james at macdonaldlawoffices.com or call (208) 263-6546.
>
> -----Original Message-----
> From: CLBS On Behalf Of James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list'
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1? We
> already disclose our compensation on Form 2030. Seems totally
> redundant, waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> counsel to attach a written agreement establishing the terms and
> conditions of employment. Such agreement was not attached. Please
> supplement the record within 7 days
>
> Regards,
>
> James S. Macdonald
>
> MACDONALD LAW, PC
> PO Box 1545
> Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID
> 83864
> 208.263.6546
> 208.263.0759 (Fax)
>
> The information in this email message may be privileged, confidential
> and protected from disclosure. If you are not the intended recipient,
> any dissemination, distribution or copying is strictly prohibited. If
> you think you received this email message in error, please reply to
> james at macdonaldlawoffices.com or call (208) 263-6546.
>
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--

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com

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