False advertising! Yes, I know it’s Tuesday. Last week I was in Miami for a meeting of the National Conference of Bar Counsel. I’m not a big fan of Miami. My advice: visit the Keys instead.
When the meeting ended on Saturday, I drove to Key West for a quick vacation. The drive is fantastic, as is Key West. If you’re going to have to endure the Patriots playing in the Super Bowl, you might as well watch the game in Key West at The Viva Saloon. Viva’s proprietor, Daren Cassani, is a high school buddy of mine. Stop by, tell Daren you’re from Vermont, and he’ll put your picture on the Viva’s “Vermont Wall.” If you bring him some real Vermont maple syrup, well, in Super Bowl parlance, let’s just say that you can bet the under on your bar tab.
Anyway, Monday’s drive back to Miami International Airport kept me from posting the answers. And, last night’s first few steps out of Burlington International Airport made me realize that Daren is on to something with this whole “own a business in Key West” idea.
I took this picture on Super Bowl Sunday, about 4 blocks from Viva Saloon on the Duval Street pier. That’s the U.S. Naval Air Station in between the pelican & the sunset.
Last week’s quiz is here. The answers follow the Honor Roll.
- Matt Anderson, Pratt Vreeland
- Andrew Delaney, Martin Associates
- Keith Kasper, McCormick Fitzpatrick
- Hal Miller, First American
- Rachel Thompson, VLS Class of 2017
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?
Reasonable diligence & promptness. (I accepted “diligence.”) See, Rule 1.3
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; See, Rule 5.5(c)(2)
- 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. PRB Decision 110, 2009 VT 115, 187 Vt. 35. See, Rule 8.4(c), Annotation 1
- 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.”
Pooled Interest-Bearing Trust Account; See, Rule 1.15B
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.
F. Lee Bailey.
The movie was The Fugitive, which was based on Bailey’s representation of Dr. Sam Sheppard. The mini-series was People v. O.J. Simpson.