June 4, 2021Articles

Who's My Client? The Importance of Engagement Letters

ABI Journal, June 2021

In the context of a complex chapter 11 proceeding, it is common for an attorney to be tasked with representing multiple parties, often with similar interest in the outcome of the proceeding.  Single counsel representing an organized group such as an unofficial or ad hoc  committee of lenders or creditors is routing.  In doing so, however, it is important for counsel to understand and anticipate the challenge that can stem from relationships among multiple clients.  This article addresses the duties of an attorney representing the clients as a group, the potential duties that the clients may have to each other, what courts have said on the matter, and certain anticipatory actions that an attorney should consider taking in reconciling the members' potentially diverging interests.  READ MORE