the disgorgement proceeding that a violation of § 328(c) requires restitution of all fees received by the professional firm. But having lost and not appealed the bankruptcy court’s failure to order complete disgorgement, Southmark cannot now ignore the court’s fact-specific ruling. 12 . Coopers did not raise res judicata as a defense once the case was removed to bankruptcy court. Generally speaking, pursuant to Fed.R.Civ.P. 8(c), res judicata is an affirmative defense and should not be raised sua sponte. Carbonell v. Louisiana Dept. of Health & Human Resources, 772 F.2d 185, 189 (5th Cir.1985). Without considering whether any exceptions to aive the right to a jury trial by filing a voluntary bankruptcy case. In re Jensen, 946 F.2d 369 (5th Cir.1991); but cf. Billing, 22 F.3d at 1242-54 (<HOLDING>); Id. at 1254-1260 (Sloviter, C.J.,
holding that attorneys fees and costs expended as a result of an attorneys alleged malpractice constitute legallycognizable damages for purposes of stating a claim for such malpractice holding claims against attorney for legal malpractice must be asserted by attorneys actual client absent limited exception holding that postconfirmation claims against the debtors themselves have a conceivable effect on their estates holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal holding that debtors have no right to jury trial on malpractice claims against their attorneys