Welcome to Five for Friday #59!
- No rules. Open book , open search engine, ask your friends
- Exception: #5
- Team entries welcome; creative team names encouraged
- Please share with colleagues
- Unless stated otherwise the Rules of Professional Conduct
- email answers to firstname.lastname@example.org
- I’ll post the answers on Monday
Prior to 1999, the Code required Vermont lawyer to “zealously advocate” for their clients. When we moved to the Rules of Professional Conduct, the phrase “zealous advocacy” was dropped. What does the new rule require?
Lawyer called me with an inquiry. Lawyer had questions about Attorney. I listened, then said:
- “If it’s temporary & reasonably related to a matter that is pending in Attorney’s home state, it’s okay.”
Given my response, which is most accurate?
- A. Lawyer is not licensed to practice law in Vermont
- B. Attorney is not licensed to practice law in Vermont
- C. Attorney is not admitted in Vermont, but is admitted in the 2nd Circuit
- D. Attorney has been disciplined in another jurisdiction
There’s a rule that includes the following statement: “it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
Which is most accurate?
- A. The rule goes on to state “and that adversely reflects on the lawyer’s fitness to practice.”
- B. By case law, conduct does not violate the rule unless it is conduct that adversely reflects on the lawyer’s fitness to practice law.
- C. By case law, the rule is limited to conduct that occurs in connection with the practice of law.
- D. The rule does not apply to certain government attorneys.
“IOLTA” does not appear anywhere in the text of the Rules of Professional Conduct. What is the phrase that the rules use to describe what lawyers commonly refer to as “my IOLTA account.” Hint: the answer is NOT “trust account.”
Since I’m in Florida…..in 2001 the Florida Supreme Court disbarred a famous attorney. The disbarment stemmed from a case in which attorney represented a client charged with drug smuggling and money laundering. On behalf of the client, the attorney negotiated a plea agreement with the federal government. The agreement called for the client to transfer all his assets to the federal government, including 600,000 shares of stock in BioChem Pharma.
Client transferred the stock shares to attorney, who then sold some of them for his own gain. The attorney was unable to deliver the stocks to the government and was jailed for 44 days for contempt. Later, he was disbarred.
The case that first brought the attorney to fame also is the basis for a movie in which Harrison Ford plays a Chicago doctor.
Another of the attorney’s cases inspired a mini-series that won multiple Emmy awards in 2016 and two Golden Globes in 2017. The show stars Sarah Paulson, Cuba Gooding, Jr., David Schwimmer, and John Travolta.
Who is the attorney?