Editor: David Reiss
Brooklyn Law School

March 13, 2013

Arizona Bankruptcy Court Imposes Duty on Attorney to Act with Reasonable Diligence

By Gloria Liu

In In re: Madison, No. 2:09-bk-22225-SSC (Bankr. D. Ariz., March 30, 2011), the court held that an attorney has the duty to act with reasonable diligence in representing his client and communicating adequately with both the client and the court. The attorney here did not inform the court of his intentions to withdraw, instead he simply failed to perform the duties of representing his client. Nor did his client know of her own hearings and the status of her case. He did not withdraw appropriately from representation, and failed to act diligently and communicate adequately. The court concluded that he violated several ethical rules, and referred the matter to the Arizona state bar for further action.

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