Monday Morning Answers: Week 26 – Updated

As I mentioned Friday, week 26 coincided with the Vermont City Marathon.  Tough conditions, but it was great to see so many judges/lawyers/paralegals participating.

I’m sure to miss many, but here’s a list of law-types I either spoke to or saw during the race:  Gavin Boyles,  Judge Devine, Peter Dysart, Judge Harris, Andy Homan, Judge Kalfus, Matt Little, Sarah London, Rob McDougall, Heather Moreau, and Tom Nuovo.

Of course “tough conditions” is poor phrase to use today. It was a running race. It wasn’t a war.  Today, take a moment to pause to consider those who made the ultimate sacrifice for this country.

This week’s answers follow the honor roll.

HONOR ROLL

  • Bob Grundstein
  • Keith Kasper
  • Matthew Little
  • Hal Miller (Perfect Score)
  • Kane Smart (Perfect Ethics – only missed Agnew)
  • Ian Sullivan

Question 1

An advisory ethics opinion issued in New Jersey raised eyebrows this week.  The opinion noted that lawyers may make mention of X only if the basis for X “can be verified” and “adequate inquiry into the fitness of the individual lawyer” was made.

Generally, X falls under which topic in legal ethics?

  • A.   Bar Admissions
  • B.   Referrals/Fee Sharing
  • C.   Advertising – New Jersey’s Supreme Court has a Committee on Lawyer Advertising.  Last week, the Committee issued this reminder on accolade advertising.
  • D.   Sanctions in a disciplinary case

Question 2

What do the rules require lawyers to keep for 6 years following the termination of a representation?

  • A.  Trust account records; Rule 1.15(a)(1)
  • B.  A copy of the representation agreement
  • C.  A copy of the representation agreement, but only in contingent fee cases
  • D.  The file

Question 3

What is the phrase used to describe a business organization that offers clients a range of professional services?  For instance a business that offers its clients both accounting services & legal services, or both family counseling services & legal services.

The exact phrase I was looking for was “Multidisciplinary Practice” (“MDP”).  I gave credit for a variety of answers.  Hal Miller & Kane Smart were the only entrants to answer “MDP.”  For the pros & cons of MDP, check out this piece from the Virginia State Bar.

Question 4

Lawyer call me with an inquiry. We talked about an arbitration scheduled to take place in Burlington in early June.  I said “the underlying case…is it reasonably related to, or does it arise out of, Massachusetts?”

What general concern did Lawyer call to discuss?

Unauthorized Practice of Law. The scenario here was that the VT caller was concerned that a MA lawyer participating in the arbitration was not licensed in VT.  I alleviated the concern by directing the caller to the safe harbors in Rule 5.5(c)(3) and (4).

Question 5

Two different lawyers who served as Vice-President of the United States have been disbarred. One served as the other’s Vice-President.

For one point each, who are they?

Richard Nixon & Spiro Agnew.

Nixon served as vice-president to Eisenhower.  Nixon relinquished his California & US Supreme Court law licenses after resigning the presidency. He tried to resign his New York law license as well, but the NY State Bar would not let him do so absent an admission that he he could not successfully defend against charges of obstruction of justice.  Nixon refused, and NY went ahead with the disbarment.

Agnew, Nixon’s vice-president, was disbarred by the State of Maryland after he pled no contest to tax evasion.  The criminal case related to bribes Agnew took while governor of Maryland.

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