Five for Friday #59 – Revised!

Welcome to another week of legal ethics trivia. I changed question 1.

Here are the rules:

  • There are no rules.  This is an open search engine, open book quiz.
  • Discussing questions & answers with colleagues & friends is encouraged & allowed!
  • Team entries welcome.  If you enter a team, bonus points for a clever team name
  • Please consider sharing the quiz with others
  • Email answers to
  • I’ll post the answers on Monday
  • All questions assume that the Vermont Rules of Professional Conduct apply

Question 1

Today I’m dong a CLE for the Workers’ Compensation bar. Let’s take a question from their world.

Wood represents Plaintiff.  Wood has actual notice from Plaintiff’s health insurer that the insurer has a lien on any recovery.

Richards represents liability carrier.  In connection with settlement, Richards ask Wood to execute an agreement that Wood will indemnify and hold harmless the liability carrier for any unpaid liens.

Wood agreed.

Which is most accurate?

  • A.   Wood violated the Rules of Professional Conduct
  • B.   Richards violated the Rules of Professional Conduct
  • C.   They both violated the Rules of Professional Conduct
  • D.  Neither violated the Rules of Professional Conduct

Question 2

Lawyer called me with an inquiry involving Client and  Other. I listened.  Then, I said

  • “It’s ok as long as Client gives informed consent, there’s no interference with your professional judgment or your relationship with Client, and you don’t share any information about the representation with Other absent Client’s consent.”

What is Other’s involvement with this situation?

Question 3

Large Firm represents Brady in the matter Brady v. Ryan.  Small Firm represents Ryan.

Associate leaves Small Firm to take a job at Large Firm.    Which is most accurate?

  • A.   Large Firm must withdraw from representing Brady.
  • B.   Large Firm may continue to represent Brady.
  • C.  Large Firm may continue to represent Brady if Associate is screened from participation.
  • D.  Large Firm may continue to represent Brady only if Associate did not participate personally & substantially in Small Firm’s representation of Ryan , and, Large Firm screens Associate from participation in the matter.

Question 4

Nationally, which is most common with respect to  Electronically Stored Information?

  • A.   Discovery sanctions for failure to preserve ESI
  • B.   Discovery sanctions for producing ESI  in an improper format
  • C.   Disciplinary sanctions for failure to preserve ESI
  • D.   Disciplinary sanctions for failing to request ESI in discovery

Question 5

Identify the event that resulted in the American Bar Association deciding that legal ethics/professional responsibility should be a required course in law school.


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