Five for Friday #7

Looking for the post on the Rolling Stones and cloud storage?  It’s HERE.

Otherwise, keep it tuned to this post for FIve For Friday #7!

Reminder: the first rule is that are no rules. It’s an open book, open note, open search engine quiz.  The exception: question#5.  Try to play that one honestly.  And, please send me your answers via email, not as comments to this post.  My email address is michael.kennedy@vermont.gov

QUESTION 1

Potential Client asks Attorney to represent her in a post-judgment divorce matter.  Potential Client’s former spouse has not made court ordered child support payments in 5 months and is even further behind on spousal maintenance.  As a result, Potential Client has little money and asks Attorney to represent her on a contingent fee basis.   Under Vermont’s rules, which is most accurate?

Attorney and Potential Client

  • A. may not enter into a contingent fee agreement
  • B.  may enter into a contingent fee agreement for both the child support and spousal maintenance issues, so long as the Court approves the reasonableness of the agreement
  • C.  may enter into a contingent fee agreement for both, so as long as the Court approves the reasonableness of the agreement with respect to the child support issue
  • D.  may enter into a contingent fee agreement for the spousal maintenance issue, but not the child support issue.

QUESTION 2

JD asks Lawyer to represent him in connection with a matter in which JD’s interests are materially adverse to the interests of Lawyer’s former client.  Under Vermont’s rules, which is most accurate:

  • A.  Lawyer may not represent JD.
  • B.  Lawyer may not represent JD, but the conflict is not imputed to others in Lawyer’s firm.
  • C.  Lawyer may represent JD if the matter is not the same as or substantially related to the matter in which Lawyer represented JD.
  • D. Lawyer may represent JD, but will have to withdraw if he is likely to be a necessary witness at any trial.

QUESTION 3

In Vermont’s attorney ethics world, what is defined as:

  • “An agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of an reasonably available alternatives to the proposed course of conduct.”

QUESTION 4

Attorney represents the plaintiff in a civil suit that is pending in the Vermont Superior Court.  Attorney receives material from defense counsel in response to a discovery request.   Attorney reasonably believes that some of the material that she received was inadvertently produced.

Which is most accurate under Vermont’s ethics rules:

  • A.  Attorney must notify defense counsel of the inadvertent production
  • B.   Attorney must notify defense counsel of the inadvertent production and must abide by any instructions to return/destroy the material
  • C.  Attorney must notify defense counsel and her client of the inadvertent production, and must not return/destroy the material absent her client’s consent.
  • D. Attorney may notify defense counsel, but only after consultation with her client as to Attorney’s duties under the rules.

QUESTION 5

Over the past month, many Americans binge-watched a show that included (1) prosecutors who may or may not have violated their duty to produce exculpatory evidence; (2) a defense attorney who had his investigator extract a detailed confession from his client, shared the confession with detectives, then chose not to attend an interview at which he knew the detectives would question the client; and (3) a prosecutor who resigned as a result of a sexting scandal.

Name the show.

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