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43 S. C. L. Rev. 1037 (1991-1992)
Use of Advance Fee Attorney Retainer Agreements in Bankruptcy: Another Special Law for Lawyers, The

handle is hein.journals/sclr43 and id is 1055 raw text is: THE USE OF ADVANCE FEE ATTORNEY RETAINER AGREEMENTS IN BANKRUPTCY: ANOTHER SPECIAL LAW FOR LAWYERS? LESTER BRICKMAN* JONATHAN KLEIN** I. INTRODUCTION ....................................... ...1039 II. BANKRUPTCY LAW: A PRIMER ............................ 1043 A. Purpose of the Bankruptcy Laws ................. 1043 B. Voiding Preferences of One Creditor over Those of O thers ......................................... 1044 C. Priority of Claims in Bankruptcy Estate Liquidation 1045 III. HISTORY OF REGULATION OF ATTORNEY FEES IN BANKRUPTCY 1046 A. Regulation of Attorney Fees in the New World .... 1046 B. Attorney Fee Regulation in Bankruptcy .......... 1050 1. Attorney Fees for Representing a Debtor in Bankruptcy Have Received Greater Scrutiny than Attorney Fees for Other Services ........ 1050 a. The Vesting of the Bankruptcy Power at the National Level .......................... 1051 b. The Unique Purposes of the United States Bankruptcy Statutes ..................... 1051 c. The Political .Power and Organizational Skill of the Group Most Affected by the Bankruptcy Statutes: Creditors ........... 1052 2. Level of Compensation from the Bankruptcy Estate: Balancing Conservation of the Bankruptcy Estate with Attracting a Competent B ar ......................................... 1052 a. Attorney Fees Under the Bankruptcy Act of 1898 .................................... 1052 * Professor of Law, Benjamin N. Cardozo School of Law. B.S. 1961, Carnegie Tech; LL.B. 1964, University of Florida; LL.M. 1965, Yale University. ** Attorney, Office of the General Counsel, Tele-Media Corporation. B.A. 1985, Middlebury College; J.D. 1991, Benjamin N. Cardozo School of Law. 1037

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