Five for Friday: Week 37

Welcome to Week 37 of Five for Friday!

(last night’s late post on Avvo & Fixed Fee Legal Services is HERE)

I’m dedicating this week’s edition to all my friends in No Shoes Nation. Thanks to a fantastic Christmas gift from my brother, he and I & some friends of ours will be joining about 80,000 of you tomorrow at Gillette for Kenny’s show with Miranda.  Here’s to pirate flags and blenders that are willing & able.

If you haven’t played before, old quizzes are here.  Rules?  None. With the exception of question 5, the quizzes are open search engine, phone-any-friend you want.  You may join with others and enter as a team.  I don’t share your answers with anyone, and as I’ve blogged, I don’t care if you go 0-5 32 consecutive weeks. So, give it a shot!  (and please consider forwarding to others)

Email answers to  I’ll post the correct answers & the honor roll on Monday morning.

Question 1

With respect to your duty to maintain confidentiality, it’s critical to remember that the Vermont Rules of Professional Conduct specifically prohibit you from disclosing ________.  (I’m looking for the exact phrase used in the rule).

  • A.  “information covered by the attorney-client privilege.”
  • B.  “client confidences”
  • C.   “client confidences and secrets”
  • D.   “information relating to the representation.”

Question 2

Under the Vermont Rules of Professional Conduct, which type of conflict of interest differs from the others in a critically important way?

  • A.  A “concurrent” conflict of interest, as defined by Rule 1.7
  • B.  A “former client” conflict of interest, as defined by Rule 1.9
  • C.  A conflict of interest based on a “personal interest” of the lawyer
  • D.  A conflict of interest that is created when a lawyer withdraws from representing one of multiple clients in the same matter.

Question 3

With respect to the Vermont Rules of Professional Conduct, the term “compliance review” applies to disciplinary counsel’s review of a lawyer or law firm’s:

  • A.  advertisements
  • B.  financial & trust account records
  • C.  client intake procedures/system to check for conflicts of interest
  • D.  security protocols when storing & transmitting client data electronically

Question 4

Lawyer called me with an inquiry.  I listened, then said:

  • “the comments to the rule say that your first step is to remonstrate with the client. It’s the only rule that includes the word ‘remonstrate‘.  In fact, talking about situations like this is the only time in my life that I’ve used or heard the word ‘remonstrate.’ “

What type of dilemma did Lawyer call to discuss?

Question 5

Steven Donzinger is a lawyer.  In 2011, he received an $8.6 billion judgment on behalf of a plaintiff-class.  The case was tried in Ecuador.

Earlier this month, the Second Circuit Court of Appeals affirmed a 2014 ruling that barred any & all attempts to enforce the judgment.  The lower court had concluded that Donzinger and the legal team that he headed procured the judgment through racketeering, bribery, coercion, and corruption. In affirming, the Second Circuit wrote that “even innocent clients may not benefit from the fraud of their attorney.”

The underlying case involved pollution.  Who was the defendant?