It was a fantastic week in D.C. I love that city. Later this week I’ll blog on some of the hot topics/trends in legal ethics & attorney regulation that were covered at the conference. For now, the answers to last week’s Five for Friday.
Oh, and in case you missed it on a sunny September Sunday, here’s the latest Was That Wrong?
PERFECT SCORES IN GOLD
- Matt Anderson, Pratt Vreeland Kennelly Martin & White
- Laura Gorsky, Law Offices of David Sunshine
- Robert Grundstein
- Anthony Iarrapino, Iarrapino Law Office
- Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
- Aileen Lachs, Mickenburg Dunn Lachs & Smith
- Hal Miller, First American
- Herb Ogden, Ogden Law Offices
- Kane Smart, Downs Rachlin Martin
- Emily Tredeau, Prisoners’ Rights Office
- Allison Wannop, Law Clerk, Vermont Superior Court, Addison & Chittenden Units
The day before the conference, I stopped by GW Law, my alma mater, to attend a professional responsibility class taught by Professor Bob Tuttle. He was fantastic! More practical tips in 1 hour than many students receive in their entire law school careers. One of the day’s topics was “scope of representation & allocation of authority.” With that in mind, which is most accurate under the Vermont Rules of Professional Conduct?
- A. shall abide by the client’s objectives for the representation & should abide by the client’s decision as to the means by which those objectives are pursued.
- B. shall abide by the client’s objectives for the representation & should defer to the client’s reasonable decisions as to the means by which those objectives are pursued.
- C. shall abide by the client’s objectives for the representation & shall consult with the client as to the means by which those objectives are pursued. Rule, 1.2(a). Note – the rule says that consulting with the client as to the means by which objectives are pursued is REQUIRED by Rule 1.4, the rule on communication with a client.
- D. should by the client’s objectives for the representation & should consult with the client as to the means by which those objectives are pursued.
In a criminal case, and for the purposes of the Vermont Rules of Professional Conduct, which is different from the others?
- A. Whether to request a competency exam. See, Rule 1.2(d). A criminal defense lawyer may request a competency exam over the client’s objection. The other 3 are decisions that are left to the client.
- B. Whether to accept a plea.
- C. Whether to to waive a jury trial.
- D. Whether to testify.
Lawyer called me with an inquiry. I listened, then asked a question of my own: “what type of instrument did you deposit?” Most likely, Lawyer called to discuss:
- A. a real estate closing
- B. disbursing funds from trust in reliance upon a deposit that had not yet become collected funds. Generally, a lawyer may not disburse funds unless the funds are “collected funds.” However, Rule 1.15(g) lists several instruments against which a lawyer may disburse upon deposit.
- C. depositing funds into an account that will earn interest for the client
- D. deposits that are (and are not) subject to the three-way reconciliation requirement.
Attorney called me with an inquiry. I listened, then I asked, “will the harm be to the actor or to someone else?” What specific issue did Attorney call to discuss?
Disclosing information relating to the representation when the lawyer reasonably believes that disclosure is required “to prevent the client or another person from committing a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, a person other than the person committing the act.” See, Rule 1.6(b)(1). If the harm will be to the actor, disclosure is permissive, but not mandatory. See, Rule 1.6(c)(1).
Attorney Albert Bacon Fall was admitted to the New Mexico bar in 1891. Among other things, he successfully defended the accused killer of Sheriff Pat Garrett, served on the New Mexico Supreme Court, was elected to the United States Senate, and served two years as Secretary of the Interior under President Harding.
Fall resigned his post as Secretary of Interior in disgrace as a result of a controversy that involved the Navy and leases that were awarded without competitive bidding to friends of his. He was eventually convicted of conspiracy & bribery and, as a result, became the first person sentenced to prison for misconduct while serving in the Cabinet.
What is the name commonly given to the controversy that is associated with Fall’s criminal conduct and resignation?
Attorney Fall fell from grace in the Teapot Dome Scandal.