FIVE FOR FRIDAY: #2

Last week’s inaugural Five For Friday was fantastic.  I received over 40 responses, with Erin Gilmore, Scott Jaunich, Ryan Kriger, and Elizbeth Kruska notching perfect scores.

Here we go with week 2.  Remember: referring to the rules is not only okay, it’s encourage.  Looking at the rules is never bad!

Email responses to michael.kennedy@vermont.gov

Question 1:  Rule 1.2(c) authorizes lawyers to limit the scope of the representation.  The family and civil rules also provide for limited representation agreements.  While it is not mentioned in the rules, what is the more common name for situations in which a lawyer and client agree to limit the scope of a representation.

Question 2:  True or False.  The Vermont Rules of Professional Conduct specifically authorize lawyers to pay straight referral fees to other lawyers and professionals.

Question 3:  Fill in the blank.   “Except as provided in paragraph (g), a lawyer shall not disburse funds held for a client or third person unless the funds are ____________.”  (two words)

Question 4: By rule, a lawyer shall not “prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless __________”

a.  the client provides informed consent

b.  the client provides informed consent, confirmed in writing

c.  the lawyer or other recipient is related to the client

d.  the client is given a reasonable opportunity to seek independent legal advice

Question 5: Advertising violations? Name the fictional criminal defense attorney who inundated Albuquerque with outlandish billboards and print & tv ads that featured an eponymous catch phrase.

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