Viva Five for Friday! Edition #34

I’ve been on a hiatus.  At least a hiatus from blogging.  First the bar exam, then summer, conspired against me.  And while this is a perfect morning for a long run, I missed hearing from all of you last weekend, so here’s another installment of Five for Friday.

No rules.  Use whatever source you’d like.  That’s the whole point: encouraging people to read the source material!  Exception: question 5.  I like to treat #5 like it’s a question at one of my friend Daren’s Catch the Mania or Top Hat trivia events: no search engines allowed.

Please forward to friends and colleagues.  The more the merrier.

Oh! And speaking of Daren, if you find yourself in Key West, check out his  Viva Saloon.  They love when Vermonters stop in.

email answers to michael.kennedy@vermont.gov

Question 1

Which doesn’t belong?

  • A.  Social Media
  • B.  Safekeeping Property
  • C.  Competence
  • D.  Advertising

Question 2

Lawyer represents Landlord.  Lawyer mails notice of eviction to Tenant.

A few days later, Lawyer listens to his voice mail.  After the beep, a voice says:

“Hi. I’m Tenant. My friend told me you handle evictions. I just got an eviction notice and would like some legal advice. Please call me at 802-xxx-xxx.”

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

  • A.  Lawyer must withdraw from representing Landlord.
  • B.   Lawyer must call Tenant back.
  • C.  If Tenant denies receiving the notice of eviction, Lawyer may use the voice mail message.
  • D.  If Tenant denies receiving the notice of eviction, Lawyer may have a conflict.

Question 3

Attorney called me with an inquiry.  I listened.  Then, I asked: “did you confirm it in writing and provide your client with a written explanation of what you’d do for her?”

Attorney answered “no.”  To which I replied “Houston, we have a problem.”

What did Attorney call to discuss? (please be specific)

Question 4

Attorney represents Mork.  Mork intends to sue Mindy.

Attorney is married to Lawyer.  Attorney and Lawyer do not work in the same firm.

Mindy hires Lawyer.

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

  • A.  Attorney and Lawyer do not have conflicts of interest.
  • B.  At a minimum, Mork & Mindy are entitled to be informed that Attorney & Lawyer are married.
  • C.  If Attorney withdraws due to the conflict presented by being married to Lawyer, the conflict is imputed to all others in Attorney’s firm.
  • D.  The rules specifically prohibit a lawyer from representing someone in a matter in which an adverse party is represented by a lawyer who is “closely related by blood, marriage, or civil union.”

Question 5

Jimmy received his law degree from the University of American Samoa. His natural instincts as a con artist led him to cross several ethical boundaries while practicing law in  New Mexico.  From filing fraudulent insurance claims, to advertising violations, to assisting drug clients in money laundering schemes.

You might know Jimmy better by another name he uses.  A name he concocted from the phrase “It’s all good, man.”

Name one of the two TV shows on which you might have seen Jimmy.

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