Five For Friday – #32

No rules, except for #5.  Email answers to

Please consider forwarding to colleagues.  It’s permissible to enter as a team.

Question 1

Lawyer intends to create a succcesion plan naming Attorney as her successor attorney. One of the first things Lawyer must consider is whether Attorney:

  • A.  Will be paid by Lawyer, or, by Lawyer’s clients.
  • B.   Has any clients whose interests conflicts with the interest Lawyer’s clients.
  • C.  Will step in to represent Lawyer’s clients, or, will inventory the files and notify Lawyer’s clients of lawyer’s death or disability.
  • D.  Is competent to the types of cases Lawyer handled.

Question 2

Last winter, Lawyer left Office for a new job at Firm.

Last week, Client asked.Firm to represent Client in a dispute with Smith.

Smith is represented by Office.  Smith received legal advice related to the dispute with Client while Lawyer still worked at Office.

Which is most accurate under Vermont’s Rules of Professional Conduct?

  • A.  Lawyer cannot represent Client and the conflict is imputed to entire Firm.
  • B.  Lawyer cannot represent Client but the conflict is not imputed to entire Firm.
  • C.  Firm may represent Client if Lawyer did not participate personally and substantially in the matter while employed at Office.
  • D.  C, as long Firm also screens Lawyer from participation in the matter, notifies Office of the screening procedures, and both Lawyer and Firm periodically certify to Office compliance with the screening procedures.

Question 3


Lawyer called me with an inquiry.  I listened, then responded “you could ask A to write a check to B. If B is willing to accept it, you’re good to go.”

Now, I suppos this could come up in a variety of contexts.  However, for me as bar counsel, it comes up in one.  What context?

Question 4

Attorney called me with an inquiry. I responded “Great timing! Just last night I saw something on Twitter about a CLE on what a litigator needs to know about native format.”

Most likely, Attorney called me to discuss the duty of competence insofar as it relates to what general area? (the answer is not “litigation”)

Question 5

Matthew Murdock attended Columbia Law School.  While he was there, his father, Jack, was murdered for refusing to throw a boxing match.  When the legal system failed to bring his father’s killers to justice, Matthew made it his mission to avenge his father’s death and to fight evil that is beyond the law’s reach.  He eventually opened a small firm in New York City with Columbia classmate Foggy Nelson.

Whether from Netflix, the movies, or comic books, who is Matthew Murdock better known as?