Five for Friday #11

Here we go, #fiveforfriday is live from San Diego – seminars end tomorrow and then I’m on to Huntington Beach for Sunday’s Surf City Marathon.  But this quiz is only 5 questions, not 26.2.  So, enter!  And please forward to colleagues and ask them to do the same!

Rules:  none.   Open book, open search engine.  Exception – question 5.

Email responses to

Question 1

Tomorrow, the National Organization Bar Counsel’s mid-winter meeting will include a seminar on succession planning.  Vermont’s Rules of Professional Conduct do not require succession plans. However, the Comment and Reporter’s Notes to one of the rules suggest that the duty imposed by the rule includes a duty to have a succession plan.  It’s the rule that imposes a duty of:

  • A.   Reasonable communication with a client
  • B.   Competent representation of a client
  • C.   Diligent and prompt representation on behalf of a client
  • D.   Withdrawal when continued representation is unfeasible

Question 2

Today’s seminars include one on “Online Reputation Management.” To date, disciplinary sanctions in cases involving online reputation management have most often followed violations of the rule on:

  • A.    Client confidences
  • B.    Attorney Advertising
  • C.     Honesty & Candor
  • D.    Ex parte contacts with courts and jurors

Question 3

You settle a case on behalf of a client.  Proceeds are wired to your trust account, you disburse them, and everyone goes their merry way.  Your client is so pleased that she uses the “comment” feature on your firm’s website to extol your virtues.  You post a response “thanks! it was great working with you.”  What do Vermont’s ethics rules require you to keep for six years from the termination of your representation of this client?

  • A.  Records of funds you held for the client while representing her
  • B.  The client’s file
  • C.  A “copy” of your website because it’s an advertisement
  • D.  A & B.  Copies of ads only need to be kept for 2 years.

Question 4

The rules suggest that government attorneys may have “authority that ordinarily reposes with a client in a private client-lawyer relationship.”  Then, there is language citing two specific decisions that a government lawyer may have the authority to make, but that an attorney in a private client-lawyer relationship does not.”  For 1 point each, identify the two decisions.

  • Whether to : _________________, and
  • Whether to : _________________.

Question 5:

Cam Newton went to Auburn.  Peyton Manning went to Tennessee.  Neither went to law school.

Only one person has won the Super Bowl as the starting quarterback and graduated from law school.  Who is he?




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