Monday Morning Answers: #50

Kind of a lame quiz last week. I take the blame.  I was too busy relaxing at my Dad’s to fire up my brain.  So, I picked 4 numbers at random & (re) used one question from each corresponding week of the quiz.  Spoiler alert: the answers follow the honor roll.

Honor Roll

(perfect scores in red)

Permanent Honor Roll Status

  • Beth DeBernardi, Esq.
  • Patrick Kennedy, First Brother, Dealer.Com

Answers

Question 1

By rule “a lawyer shall not prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless ________

  • A.  The lawyer or other recipient is related to the client.   Rule 1.8(c)
  • B.  The client gives informed consent
  • C.  The client gives informed consent, confirmed in writing
  • D.  The client is advised of the benefit of seeking independent legal advice and given a reasonable opportunity to do so

Question 2

Attorney called me with an inquiry.  She expressed concern that the area of law in which she focuses is fraught with conflicts and that she often struggles to identify her client.  I shared some thoughts & referred her to material that discussed “The Tripartite Relationship.”

Identify the type of law upon which Attorney focuses.

INSURANCE DEFENSE.  For  more, go HERE.

Question 3

The Vermont Rules of Professional Conduct specifically require:

  • A.   Three way reconciliation
  • B.   An attorney’s signature
  • C.   Collected funds prior to disbursement.  Rule 1.15(f)
  • D.   All of the above

Question 4

Which is different than the others?

  • A.   A conflict of interest involving a former client
  • B.   A conflict of interest involving concurrent clients
  • C.   A conflict based on a personal interest of the lawyer.  (Unlike the conflicts in A & B, this type of conflict is not automatically imputed to other lawyers in the firm. See, Rule 1.10 (a)(1)).
  • D.  Trick question.  Each is treated the same as the others.

Question 5

Identify the document in which two groups of people who had originally intended to live in Virginia agreed to:

  • “convenant and combine ourselves together into a civil body politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof do enact constitute and frame such just and equal laws, ordinances, acts and constitutions . . .”

THE MAYFLOWER COMPACT

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