A bar counsel’s dozen!

Over the first two weeks of Five for Friday, Vermont lawyers submitted an impressive total of 9 perfect scores.

As impressive as it was, it was nothing compared to Week 3  in which 12 attorneys provided the correct answer to each of the 5 questions.


5 for 5

4 for 5

  • Hal Miller, First American


Question 1:  Last night, during a meeting to discuss next week’s trial, Client told his Lawyer that Client intends to take his own life tonight.  Lawyer reasonably believes Client.  Under the Rules of Professional Conduct:

  • a – lawyer must not disclose Client’s intent
  • b – lawyer may disclose Client’s intent; Rule 1.6, Comment [10]
  • c – lawyer must disclose Client’s intent

Question 2:  Vermont’s conflict rules do not prohibit common representation of multiple clients. However, a comment to the rules indicates that the risks posed by representation of multiple clients in a specific type of case is “so grave that ordinarily a lawyer should decline to represent” multiple clients. What type of case? CRIMINAL; Rule 1.7, Comment [23]

Question 3:  A lawyer calls me with an inquiry.  During the inquiry, I tell the lawyer that in 1997 the VBA issued an advisory ethics opinion that concluded that lawyers do not have an ethical duty to ENCRYPT EMAIL.  I tell the lawyer that most states agreed, but, now, states are re-thinking the issue.  I mention that “the availability of things like the Chrome extension ‘End-to-End’ ” might change the analysis.

Here’s more on the End-to-End extenstion

Question 4:  Another lawyer calls with an inquiry.  We spend some time discussing the meaning of the term “single source” as it appears in the Rules of Professional Conduct.  What topic did the lawyer call to discuss?

TRUST ACCOUNT – Rule 1.15A(a)(4)

Question 5:  Name the lawyer who was part of O.J. Simpson’s “Dream Team” and has since been disbarred.