Five for Friday #58

Readers: we find ourselves at a historic moment.  Ethical vs. unethical.  On one of the biggest stages.

That’s right: Sunday night. Steelers vs. Patriots.  Winner goes to the Super Bowl.

(what else did you think I was referring to this weekend??????)

Reminder: only one of the teams has a quarterback who served the equivalent of a disciplinary suspension this season.  It’s not the Steelers.

Reminder: only one of the teams has a head coach who was fined for spying on opposing teams.  Yet another NFL version of a disciplinary sanction.  It’s not the Steelers.

But, for now, it’s time for Five for Friday!

  • Open book, open search engine, ask friends the answers.
  • Exception: Question 5
  • Team entries welcome & encouraged
  • Clever team names appreciated. See, “Team Poutine” during the weekend that Five for Friday was presented from Montreal
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Please share the quiz with friends and colleagues
  • email answers to
  • I will post the answers on Monday

Question 1

To the extent any particular section of the Rules of Professional Conduct require a “signed writing,” which is most accurate?

  • A.   “Signed” is not defined anywhere in the rules.
  • B.   The rules do not refer to electronic signatures, but case law holds that an electronic signature counts as a “signed writing.”
  • C.   The rules clearly state that an electronic signature counts as a “signed writing.”
  • D.  There is not a single rule that requires a signed writing.

Question 2

Attorney represents Ben in a matter against Tom.  Firm represents Tom.

Paralegal works for Attorney.  Paralegal used to work for Firm and worked on matters for Tom.

Which is most accurate?

  • A.   Attorney may not represent Ben
  • B.  Attorney may represent Ben if Tom gives informed consent.
  • C.   Attorney may represent Ben if Tom gives informed consent, confirmed in writing.
  • D.  Attorney may represent Ben and should screen Paralegal from participation in the matter.

Question 3

Lawyer called me with an inquiry.  Lawyer asked whether she may deposit $150 of her own funds into her pooled interest-bearing trust account to cover bank fees.

What was my response?

  • A.  Yes, so long as $150 is an amount reasonably necessary to pay the fees.
  • B.   Yes.
  • C.   No.
  • D.   No, the rule limits attorneys to depositing no more than $100 of their own funds to cover bank fees.

Question 4

When a lawyer knows that a client expects the lawyer to provide assistance that is not permitted by the Rules of Professional Conduct, the lawyer:

  • A.   Must withdraw
  • B.   Must consult with the client as to the relevant limitations on the lawyer’s conduct
  • C.  Must notify the tribunal
  • D.  Must remonstrate with the client and take any appropriate reasonable remedial measures.

Question 5

Continuing a theme . . . a lawyer who worked for the Bush administration was reinstated to the practice of law in November 2016.  The lawyer had been disbarred in 2008 following convictions for perjury and obstruction of justice.  The criminal trial involved allegations that the lawyer had leaked the name of a covert intelligence officer.

Part 1:   Name the lawyer.

Part 2:  Name the covert intelligence officer.








One thought on “Five for Friday #58

  1. A point of clarification, Brady was the “fall guy” ! An easy first ballot entry into the Hall!


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