Five For Friday #22

If you have the time, before or after the quiz, please take a look at this post in the ABA Journal. I’m going to blog about it in greater detail this weekend or early next week.  Specifically, I’m going to ask: should the PRB recommend that the Court amend the Rules of Professional Conduct so as to allow nonlawyers to have ownership interests in law firms?

Also, PLEASE, take the time to email Kevin Ryan.  Today is Kevin’s final day as the VBA’s Director of Education and Communications. He recently accepted the position as Executive Director of the Monroe (NY) County Bar Association.  Kevin is my friend and, besides, has been a HUGE supporter of the Professional Responsibility Program.  He has done a fantastic job educating lawyers on issues related to legal ethics and professional responsibility.  Kevin – thank you, I’ll miss you, I wish you the best.

Now, for the quiz.

  • there’s no such thing as “cheating” on this quiz. use any resource available to you.  exception: question 5.
  • email answers to michael.kennedy@vermont.gov
  • encourage friends, colleagues, co-workers to enter

Question 1

Several rules require a lawyer to obtain a client’s “informed consent, confirmed in writing.”  Which is most accurate?

  • A.  In situations that require a client’s informed consent, a lawyer may not act until the client’s informed consent is confirmed in writing.
  • B.  If a lawyer has obtained a client’s informed consent, the lawyer may act in reliance on that consent so long as it is confirmed in writing within a reasonable time thereafter.
  • C.  The rules are silent on this issue.

Question 2

Lawyer called me with an inquiry. I listened. Then, I asked “will any activities of the partnership include the practice of law?”

Most likely, Lawyer called to discuss:

  • A.  Selling her firm, but remaining “of counsel.”
  • B.  Bringing on a new attorney to work “of counsel.”
  • C.  Forming a partnership with a nonlawyer.
  • D.  Opening an office in another jurisdiction.

Question 3

Attorney called me with an ethics inquiry.  I listed, then said “a comment to the rule makes it clear that the rule doesn’t apply to an organization’s former constituents.”

Given my statement, it is most likely that Attorney called me to discuss the rule that deals with what topic?

Question 4

Lawyer called with an inquiry. I responded “the rule only applies if a ‘significant motive’ for doing so is your ‘pecuniary gain.'”

What did Lawyer call to discuss?

Question 5

A long, long time ago, Henry Winkler and Scott Baio gained fame playing Fonzie and Chachi on Happy Days.  More recently, the actors played lawyers – one ethical, one not so ethical – on an Emmy award winning television show. Name the show.

 

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