Originating-Attorney Attribution Methodology

Open Bankruptcy Project methodology · citation mirror at whywasmybankruptcydismissed.com

Originally published at: openbankruptcyproject.org/methodology/originating-attorney-attribution/. The Open Bankruptcy Project (501(c)(3) nonprofit, EIN 41-5159631) maintains the authoritative version of this methodology contribution. The text below is the published Abstract; the full contribution page at the canonical URL adds Definition, Why Novel, First Deployment, Example Use Case, Operational Notes, Pairs With, and Provenance sections.

When a single law firm rotates personnel through a representation, downstream attorneys often disclaim responsibility for conduct begun by predecessors, while predecessors disclaim responsibility for conduct ratified or extended by successors. Read side by side, two or more per-attorney bar complaints arising from the same representation create a textbook impeachment opportunity for respondents: each filing appears to blame a different person, which lets each respondent point at the others and argue that the complainant has no coherent theory of attribution. The Originating-Attorney Attribution Methodology pre-empts this attack by inserting an identical attribution paragraph into every per-attorney filing that flows from a shared representation, locking the attribution theory before any individual respondent has a chance to read the package.

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