Local Rule 9011-1: ATTORNEYS- DUTIES

LOCAL RULE 9011-1: ATTORNEYS- DUTIES a. Competency. Attorneys admitted to practice pursuant to SC LBR 2090-1, prior to appearing in a matter or submitting a filing with the Court, must possess a working knowledge of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, the local rules, local administrative and operating orders, Chambers Guidelines, and the applicable local rules of the United States District Court.

b. Extent of an Attorney's Duty to Represent. The attorney who files the bankruptcy petition for the debtor shall be deemed the responsible attorney of record for the representation of the debtor in this court, except as may be provided in a written agreement with the debtor concerning appeals and adversary proceedings. The attorney who files a document on behalf of a creditor or other party in interest shall likewise be deemed the responsible attorney of record in this court for the representation of the party at any applicable hearing and in all matters in this court related to the document.

c. Professional Conduct. Any attorney admitted to practice before this Court, including admissions pro hac vice, shall maintain respect and courtesy and display professionalism, integrity, and civility in all Court proceedings and in all written and oral communications not only to this Court, its officers, and those who assist them, but also to opposing parties and their counsel, as well as to the trustees and those who assist them.

d. Duty to Determine Eligibility. A debtor and attorney for the debtor shall have the duty to ascertain that no previous order, statute, or rule makes the debtor ineligible to file or bars the applicable filing of a petition in bankruptcy before this Court. The signing and filing of a petition by a debtor and/or attorney for the debtor will be deemed a certification to the Court that the debtor is eligible to file the petition and is not in violation of a previous order of dismissal with prejudice, statute, or rule.

Notes:

(2020) Paragraph (b) was amended to clarify an attorney's duty to represent a client.

(2024) Paragraph (b) was amended to clarify that the attorney who files the bankruptcy petition for the debtor or who files a document on behalf of a creditor shall be deemed the responsible attorney of record "in this court."