The question instead is whether the debtor's counsel, or for that matter the Court, was under any obligation to advise Mr. Myers that his motion and order sought unnecessary relief or that he might be making a mistake. Though we may in some ways have departed from an adversary system, surely counsel still owe their most significant duties to their own clients. The Court believes Mr. King would have breached his duties to his client if he had given Mr. Myers advice detrimental to d the Kansas version of the Model Rules of Professional Conduct and found nothing which would have required Mr. King to point out the possible mistake to Mr. Myers. See 1993 Kan. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false.
Misrepresentations can also occur by failure to act.
The Court simply does not believe Mr. King made any misrepresentation by signing the proposed order which granted an extension of time in the business case based on a motion filed in that case. This was not the first time an attorney has asked the Court to sign an order the Court thought was unnecessary, and unfortunately, it will probably not be the last. A judgment based on this ruling will be entered on a separate document as required by FRBP 9021 and FRCP 58.