Monday Morning Answers: Week 48

Today is probably the biggest day in the history of Five For Friday. It’s the day I announce who (if anyone) earned permanent “Honor Roll” status by correctly answering last Friday’s bonus question.

Until then, this week’s answers immediately follow the Honor Roll.  To review the questions first, go HERE.


perfect scores in  BLUE

  • Matt Anderson, Pratt Vreeland Kennelly Martin & White
  • Beth DeBernardi, Esq., ALJ, VT. Dept. of Labor (Permanent Honor Roll Status)
  • Laura Gorsky, Law Office of David Sunshine
  • Robert Grundstein, Esq.
  • Anthony Iarrapino, Esq.
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • Patrick Kennedy, First Brother, Dealer.Com (Permanent Honor Roll Status)
  • Deborah Kirchwey, Esq.
  • Elizabeth Kruska , Marsicovetere Law
  • Jordana Levine, Marsicovetere Law
  • Matthew Little, Esq.
  • Scott Rowland, VLS Class of 2018
  • Kane Smart, Downs Rachlin Martin
  • Ben Traverse, Downs Rachlin Martin


Question 1

It’s most likely that Web Bugs pose ethical dilemmas for attorneys who:

  • A.  Send emails to opposing counsel.  (See, last Tuesday’s blog post)
  • B.  Review an adverse party’s social media presence
  • C.  Review a juror’s social media presence
  • D.  Use cloud vendors that do not encrypt data at rest

Question 2

Hans called with an inquiry.  I listened, then replied: “one of the first things you need to decide & make clear is whether Luke will be representing you, or, stepping in to represent your clients.  I recommend the former.”

It’s most likely that Hans called while drafting a:

  • A.  Motion to Withdraw
  • B.   Succession Plan.  (For resources, see THIS blog post)
  • C.  Motion to Disqualify
  • D.  Advance Conflict Waiver

Question 3

Attorney called to ask which ethics issues should be on her radar as she transitions to a new job. In particular, issues that are likely to arise more often in the new gig than they arose at her firm. I responded: “first, ask yourself ‘who is the client?.’  That’s often the #1 challenge for lawyers in your position. Be especially aware that the people you work with & for may not always understand that you don’t necessarily represent them.”

Given my response, it’s most likely that Attorney is taking a job as a[n]:

  • A.  judge
  • B.  lobbyist
  • C.  government attorney.  See, Rule 1.13, Comment 9.  For more on a government attorney’s critical need to identify the client, read this post from NAAG
  • D.  law professor

Question 4

Attorney called me with an inquiry.  I listed, then said “a comment to the rule makes it clear that the rule doesn’t apply to an organization’s former constituents.”

Given my statement, it is most likely that Attorney called me to discuss the rule that deals with what topic.

Rule 4.2’s prohibition on communicating with a represented person does not apply to a represented organization’s former constituents.  See, Rule 4.2, Comment [7].

Question 5

I guess this is fitting on Veterans Day. Your job is to fill in the blank.

In a movie’s famous courtroom scene, Lawyer objected to testimony and asked that it be stricken from the record.  The following exchange ensued:

  • Judge:  “The objection’s overruled counsel.”
  • Lawyer:  “Sir, the defense ________ objects and requests a meeting in chambers so that his honor might have an opportunity to hear discussion before ruling on the objection.
  • Judge:  “The objection’s overruled counsel.”

A few moments later, the court went into recess.  Annoyed with Lawyer, Co-counsel said:

  • “I ______ object? Is that how it works.  Objection. Overruled. No, no, no, no I _______ object. Oh, well if you ______ object, let me take a moment to reconsider.”

What’s the missing word?  In A Few Good Men,  Lieutenant Commander JoAnne Galloway (Demi Moore), strenuously” objected after her first objection was overruled..  Lieutenant Sam Weinberg’s (Kevin Pollak) rejoineder is HERE.

*Permanent “Honor Roll” status for anyone who correctly names the restaurant that Nectar owned before he opened Nectar’s.

Patrick Kennedy and Beth DeBernardi knew that Nectar owned The Lure.  The restaurant was on Williston Road in South Burlington, essentially across the street from where McDonald’s sits now.   I don’t remember The Lure.  My earliest memory is of a Big Burger being on the lot.  Then, for years, it was Burger King. Now it’s an Urgent Care facility. Oh the irony. the-lure

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