Monday Morning Answers

An uptick in participation this week.  Thank you!  I like it.

The answers appear below the honor roll.  If you want to try the questions before you read the answers, they’re HERE.

Looks like I jinxed the Sox with Friday’s comment that, until then, their starting pitchers had combined for only 1 bad outing.  Out of 2.   Since then, 2 wins in 3 games, but only 1 quality outing by a starting pitcher and that came in yesterday’s loss.



  • Andrew Delaney, Martin Associates
  • Hal Miller, First American


  • Gavin Boyles, Office of the Attorney General
  • Deb Kirchwey, Law Office of Deb Kirchwey

Honorable Mention

  • Matt Anderson, Pratt Vreeland Kennelly Martin & White
  • Robert Grundstein
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • David Kennedy, Office of the Court Administrator
  • Brendan Scherer, Vermont Law School


Question 1

Next week, the Senate Government Operations Committee will review legislation that, if adopted as currently written, will subject lawyers to regulatory oversight by the Secretary of State and Assistant Judges for conduct committed while serving as:

  • A.  lobbyists
  • B.  escrow agents
  • C.  title insurers
  • D.  notaries, H.206

Question 2

This is a “what am I” question:

  • I am a way to help provide access to legal services for those who might not be able to afford a lawyer.
  • I am specifically authorized by Rules for Family Proceedings and the Rules of Civil Procedure
  • I am specifically authorized by the Vermont Rules of Professional Conduct
  • Under the Rules of Professional Conduct, I am allowed only if (a) I am reasonable in the circumstances, and (b) the client gives informed consent.

I am a limited representation (unbundled legal services).  See, Rule 1.2(c).

What am I?

Question 3

There are two rules the prohibit certain attorneys from negotiating for employment with a person who is involved as a party or lawyer in a matter in which the attorneys are participating personally and substantially.  By their terms, the rules only apply to which two types of attorneys?

  • A.prosecutors & public defenders
  • B. prosecutors & any criminal defense attorney, public or private
  • C.  lawyers who are judges & lawyers who are public employees/officers; See Rules 1.11(d)(2)(ii) and 1.12(b).
  • D.  lawyers who are judges & lawyers who are law clerks

Question 4

Spouse A and Spouse B ask Lawyer to mediate their divorce. Like the marriage, mediation fails miserably.   Which is most accurate under Vermont’s ethics rules?

  • A. Lawyer may represent Spouse A, but only if Lawyer did not receive information from Spouse B that could be “significant harmful” to Spouse B in the divorce
  • B. Lawyer may not represent Spouse A or Spouse B and his conflict necessarily disqualifies other lawyers in his firm
  • C. If mediation failed before an actual mediation session, Lawyer does not have a conflict
  • D. Whether Lawyer has a conflict turns on whether Lawyer’s participation as a mediator was “personal and substantial.”    See, Rule 1.12(a).

Question 5

With baseball back in season….

…..Benedict Short as an attorney in Illinois. I have no reason to believe that he was unethical.  However, in a famous trial, he represented several baseball players who were eventually banned from the sport, baseball’s equivalent of disbarment.  The players were banned for conspiring to fix some of the season’s most important games.

For 1 point each, name the movie that recounted the scandal, and name the most famous of Attorney Scott’s  baseball-playing clients.

8 MEN OUT and Shoeless Joe Jackson

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