Monday Morning Answers

So, in last week’s Five for Friday, I mentioned my friend  Daren, his Catch the Mania an Top Hat trivia events, and his Viva Saloon in Key West.  Daren and I went to high school together.

When I posted on Friday, little did I know that yesterday was Daren’s birthday!  (thank you Facebook).  Yesterday afternoon, my brother and I ran into Daren at The Pour House, official pub of Five for Friday, and were able to celebrate the occasion with him.  Happy Birthday Daren, godfather of this column and my trivia-style ethics seminars.

Now, on to the answers.

Honor Roll

One perfect score this week: Matt Anderson, Pratt Vreeland

Others on the  Honor Roll:

  • Bob Gensburg, Gensburg, Atwell, & Greaves
  • Robert Grundstein
  • Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
  • Cassandra LaRae-Perez, Primmer (*special bonus for Question 5)
  • Team Liberty (ACLE of Connecticut)
  • Hal Miller, First American

The Answers

Question 1

Which doesn’t belong?

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

Choices B, C, and D are the titles of Rules 1.15, 1.1, and 7.2 of the Rules of Professional Conduct. There is no rule entitled (or that specifically deals with) “social media.”  My outline on legal ethics of social media is HERE.

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.

Maybe the question was poorly phrased.  However, in this instance, Tenant attempted to consult with Lawyer.  Thus, the information conveyed by Tenant is confidential. The best answer here is “D.”  I’m not aware of any scenario, absent informed consent to disclose, in which a lawyer may use against someone information that the person conveyed in a good-faith attempt to secure legal advice.  Here, Tenant is most likely a “prospective client” for the purposes of the Rules of Professional Conduct.  See, Rule 1.18.  Lawyer may represent Landlord, provided that Lawyer did not receive from Tenant information that could be significantly harmful to Tenant. If Tenant claims not to have received the notice, Lawyer cannot disclose the voice mail and, as a result, has a conflict under Rule 1.7 in that Lawyer’s duties to Tenant conflict with Lawyer’s duties to Landlord.

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)

A non-refundable fee.  See, (new) Rule 1.5(f).  Most of you were in the ballpark, indeed with very good seats.  Only Matt, however, was on home plate.

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.  See, Rule 1.7, Comment 11.
  • 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.

Jimmy McGill practiced under the name “Saul Goodman” in Breaking Bad and Better Call Saul.  Kudos to Cassandra for knowing that Jimmy’s nickname is “Slippin’ Jimmy,” a name that harkens back to the days where he’d intentionally “slip” and fall in order to make fraudulent claims.

 

 

 

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