Monday Morning Answers

Good luck to everyone running in today’s Boston Marathon, especially my club mates from the GMAA. I ran in 2013 & 2014 and have already qualified for next year.  In 2013, my hotel was at the finish line. I will never forget the day.

Before I get to this week’s answers, the questions are HERE.

This week’s honor roll includes two first-times with perfect scores!


Perfect Scores


  • Matt Anderson, Pratt Vreeland
  • Robert Grundstein
  • Matthew Little, Law Offices of Matthew Little
  • Hal Miller, First American


Question 1

As of March 31, I am on pace to field 1000 ethics inquiries in FY 2016.  What topic do lawyers most frequently call to discuss?


Question 2

Lawyer called me with an inquiry. I listened and responded “generally, comparisons to others aren’t allowed.”   What did Lawyer call to discuss?

An advertisement or any communication concerning the lawyer’s services.  See, Rule 7.1

Question 3

Under Vermont’s ethics rule on client confidences, lawyers generally are prohibited from revealing “information relating to the representation.”  which is most accurate?

  • A.  The ethics rule is co-extensive with the attorney-client privilege.
  • B.  The ethics rule covers less information than the attorney-client privilege.
  • C.  The ethics rule is more broad than the attorney-client privilegeSee, Rule 1.6, Comment 3.

Question 4

In a major copyright trial pending in federal court, lawyers for Oracle and Google recently agreed:

  • A.  Not to research jurors’ social media presence. See this blog entry from the Wall Street Journal.
  • B.  To waive a conflict of interest, thereby allowing the Los Angeles and New York City offices of the same global firm to represent the tech companies.
  • C.  That 50% of any award of attorney’s fees will be donated to activities that fund access to justice programs
  • D.  That up to 50% of any award of attorney’s fees will be donated to the California state courts in the form of a state-of-the-art online case management system.

Question 5

Name the lawyer who:

  • gained national renown as a criminal lawyer, labor lawyer, and ACLU attorney
  • called Calvin Coolidge “the greatest man to come out of Plymouth Corner, Vermont.”
  • was charged with attempting to bribe two jurors while representing 2 men on trial for blowing up a building in Los Angeles.  He was acquitted, but was banned from ever again practicing law in California.


Clarence Darrow and the events related to the bombing of the LA Times building.