Eagle eyed readers will realize that this post gives new meaning to the weekly title. .
Last Friday’s questions are HERE. Spoiler alert – answers follow the honor roll.
No perfect scores this week. However, several entries with lots of right answers.
Highest Honors – 4 for 4 on the first 4
- Hal Miller, First American
- Kane Smart, Downs Rachlin Martin
- Allison Wannop, Esq.
- Amber Barber, Barber & Waxman
- Elizabeth Kruska, Marsicovetere Law
- Ian Sullivan, Rutland County State’s Attorney’s Office
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. Rule 1.0, Comment.
- C. The rules are silent on this issue.
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. See, Rule 5.4(b) and the hint in the opening paragraph of the post.
- D. Opening an office in another jurisdiction.
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? Contacting a former constituent of a represented organization on the subject of the representation. See, Rule 4.2, Comment  (“Consent of the organization’s lawyer is not required for communication with a former constituent.”)
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? The lawyer called to discuss direct contact with a prospective client or clients. AKA – “solicitation.” See, Rule 7.3(a).
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.
With a special acknowledgement to Emily Tredeau of the Prisoners’ Rights Office, Fonzie and Chachi later played attorneys Barry Zuckerkorn and Bob Loblaw on Arrested Development. Thankfully, I no longer have to compete for readers with the Bob Loblaw Law Blog.