Leading horses to water….

313 unique visitors since I posted FiveforFriday #6.  Not bad.

11 people submitted answers.  That’s the fewest number of entrants yet.

Some people are too busy, I get it.  Others, though, have told me that they hesitate to answer, fearing that they won’t do well.  As I’ve said, it’s not public, it won’t bother me if you’re 0-5, and you’re bound to remember the ones that you get wrong. Better to get them wrong here, and learn, than to get them wrong in real life!

With that being said, this week’s answers and honor roll.


There is a rule that applies to any “extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication.”  The rule:

  • C.  Applies to any matter that involves an adjudicative proceeding. Rule 3.6

QUESTION 2: (fill in the blank)

  • In a growing number of jurisdictions, there is a tension between state and federal law that has caused bar associations and disciplinary authorities to examine whether a lawyer violates the ethics rules by providing clients with otherwise candid & competent legal advice on issues related to MARIJUANA.  For more, see this post on the topic.


Lawyer called me with an inquiry. I listened, then I said “there’s an old VBA advisory ethics opinion, but no guidance in the rules themselves.  But, your carrier probably has some sort of requirement in your policy, so check with them.”

What did Lawyer ask me?

Looking back, this question was a bit too obscure.  The answer, though, is that the Lawyer asked me how long the rules require attorneys to maintain closed files. In fact, Rule 1.16(d) requires a lawyer to surrender papers and property to which the client is entitled UPON THE TERMINATION OF THE REPRESENTATION.  

Question 4:

Earlier today, and it was a beautiful day, Client met with Lawyer.  They agreed that Lawyer would represent Client for a flat fee of $2,000.  Lawyer told Client: “I won’t begin working on your case until January 2. I’m on vacation until December 31 and all is quiet on New Year’s Day.”  Client replied ” fine,  all i want is you to take my case” and gave Lawyer a personal check for $2,000. Client and Lawyer did not reduce the representation agreement to writing.

Under the Vermont Rules of Professional Conduct, which is most accurate?

  • C.  Lawyer must deposit the check into her trust account. This is Rule 1.15(c).  According to the comment, the rule applies to fees paid in advance, “no matter how designated.” Note, though, that the PRB has proposed an amendment that would allow flat fees and fees paid in advance to be deposited in the operating account on receipt.  The proposal is HERE.

Question 5:

The first person to win four consecutive Prime Time Emmy Awards did so playing an ethically challenged prosecutor.

Answer:  John Larroquette, playing Dan Fielding in Night Court.


5 for 5:  

3 out of 4 in ethics (* = also got “Night Court”)

Emily also gets credit for being the only reader to mention my Salt ‘N Pepa reference in last Thursday’s post.