Monday Morning Answers: Week 47

The answers follow the Honor Roll.  If you’d like to review the questions before you see the answers, go HERE.

HONOR ROLL

Red = Perfect Score

  • Matthew Anderson, Pratt Vreeland Kennelly Martin & White
  • Bridget Asay, Solicitor General, Office of the Attorney General
  • Laura Gorsky, Law Office of David Sunshine
  • Robert Grundstein
  • Anthony Iarrapino, Iarrapino Law
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • Elizabeth Kruska, Marsicovetere Law
  • Pam Marsh, Marsh & Wagner
  • Hal Miller, First American
  • Herb Ogden, Ogden Law
  • Scott Rowland, Vermont Law School
  • Kane Smart, Downs Rachlin Martin

ANSWERS

  • Question 1Several commentators and experts, including the ABA’s Standing Committee on Ethics & Professional Responsibility, have opined that a prosecutor’s ethical duty to disclose information that tends to negate the guilt of the accused:
    • A.  is not as broad as a prosecutor’s duties under Brady v. Maryland.
    • B.  is more broad than a prosecutor’s duties under Brady v. Maryland.
      The ABA Formal Advisory Opinion is HERE
    • C.  does not apply until a “critical stage” of the prosecution
    • D.  does not apply in cases where there is little or no possibility of incarceration

    Question 2

    Which of the following is most often cited as a concern with authorizing payments to be credited to a trust account via ACH transfer?

    • A.  The potential for the originator to reverse the transfer.  Tip: I’ve been informed that some banks will set up your trust account in such a way as to prevent “reverse” ACH transactions.
    • B.   Scams designed to take advantage of the prevalence of ACH transfers.
    • C.   Lawyers using ACH transfers as “floats” in the trust account
    • D.  ACH transfers can facilitate the unauthorized practice of law

    Question 3

    With respect to the rules & fees, which is different than the others and, arguably, does not belong:

    • A.  The amount of the fee and the results obtained.
    • B.  Whether the fee is fixed or contingent.
    • C.  The reputation & ability of the lawyer(s) performing the services
    • D.  The fact that the client paid the fee.   See, Rule 1.5(a)The fact that the client paid is not one of the listed factors to be considered in assessing the reasonableness of a fee.  Further, the fact that the client paid does NOT mean that the fee is reasonable under Rule 1.5.

    Question 4

    Lawyer called me with an inquiry. It related to a matter involving Sansa & Baelish.  I listened and replied:

    • “I didn’t know you represented Sansa. That’s wild.”

    Then, I said:

    • “Ok, I’ll be quick.  The rule says 3 things:  First,don’t state or imply to Baelish that you’re disinterested.  Second, correct any misunderstanding Baelish has as to your role. And, third . . .”

    What’s the third thing I told Lawyer?

  • In this hypo, my question to Lawyer was “Is Baelish represented.”  Given that the answer was “no,” Baelish is an “unrepresented person.”  Thus, the third and final thing I told Lawyer must have been not to give Baelish legal advice, other than the advice to seek counsel.  See, Rule 4.3. Question 5

    In honor of Associate Justice Harold “Duke” Eaton, chief Cubs fan in the Vermont legal community .  . .

    . . . name the former United States Supreme Court Justice who made the news last weekend by attending Game 4 of the World Series.

Retired Justice John Paul Stevens attended Game 4 of the World Series. He also attended Cubs World Series games in 1929 and 1932, including the game in which Babe Ruth famously “called his shot.”

  • Bonus

    Name the TV show referenced in this week’s quiz. (Not knowing it will not prevent you from achieving a perfect score.)

     

    Sansa and Baelish are characters in Game of Thrones.

     

    thrones

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