#FiveforFriday returns to American soil (or, Wifi) this week….and hopefully many of you return to the honor roll.
- Bad news: #FiveforFriday is not filmed before a live studio audience and none of you will receive a parting gift, not to mention a lovely parting gift.
- Good news: #FiveforFriday is an open note, open book, open search engine quiz. Exception: question 5.
Email your answers to Michael.kennedy@Vermont.gov and please forward the quiz to your friends and colleagues.
Bar counsel receives approximately 900 ethics inquiries per year, with 80% coming from lawyers. What ethics issue/topic do lawyers most often raise when they call me?
Rule 8.4(c) states that a lawyer shall not engage in conduct that involves dishonestly, deceit, misrepresentation or fraud. Per an opinion of the Vermont Supreme Court, to violate the rule, must also:
- A. induce reliance upon the conduct;
- B. adversely reflect on the attorney’s fitness to practice law
- C. have been intended to deceive (no negligent violations of Rule 8.4(c))
- D. have occurred while the attorney was acting in his or her capacity as a lawyer.
There is a rule that prohibits an attorney from disclosing information relating to the representation absent client consent. The rule includes several exceptions. Nationally, and over the past few years, attorneys have argued that a particular exception allows them to disclose information related to the representation in response to a negative online review from a client. Courts, disciplinary authorities, and bar associations have disagreed.
Which exception? (either the cite, or describe the exception )
Two days ago, Plaintiff’s attorney won a jury verdict. That night, Plaintiff’s attorney updated her Facebook status to “Million dollar win against big bad insurance company! Who wants to be next?” According to at least one state bar, for the purposes of the ethics rules, the attorney’s status update should be treated as an _____________.
Jury tampering is unethical. (call me crazy). In addition, some courts have held that there is an ethical duty to report juror misconduct, even if the case is going your client’s way. The Runaway Jury involves lawyers who, at the very least, should have suspected juror misconduct in a tort suit in which many millions of dollars were at stake.
The subject of the trial was different in the book than it was in the movie. For one point each, identify the industries on trial in, respectively, the book & movie versions of The Runaway Jury.
Don’t forget to #give4bob