Monday Morning Answers: Week 58

Go Falcons.

And that’s not a gut reaction to my Steelers losing to that team from south of Boston.  Matt Ryan went to BC.  So did I!  (for 3 semesters)  Tom Brady went to Michigan.  I didn’t.

So it’s simple. Go Falcons.

Friday’s questions are HERE. Answers follow the Honor Roll.  Bonus to Hal Miller for knowing I should’ve made it the “Jack Lambert Edition.”



  • Beth DeBernardi, Esq.
  • Keith Flynn, Esq.
  • Robert Grundstein, Esq.
  • Keith Kasper, Esq.
  • Patrick Kennedy, First Brother
  • Hal Miller, Esq.
  • Rachel Thomspon, VLS 2017 (perfect score)

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.”  See, Rule 1.0(n)
  • 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.  See, Rule 1.10, Comment [4] (Conflicts of nonlawyer assistants are not imputed to the firm, but they should be screened from participation)

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 feesSee, Rule 1.15(b).
  • 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.  See, Rule 1.4(a)(5).
  • 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.  Lewis “Scooter” Libby.

Part 2:  Name the covert intelligence officer.    Valerie Plame.