Five for Friday #60

Welcome to another week of legal ethics trivia.

  • 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 michael.kennedy@vermont.gov
  • I’ll post the answers on Monday

Question 1

Lawyer called me with an inquiry.  She is closing her practice and has $1500 in trust.  She asked what to do with the $1500.  What was my likely response?

  • A.  It depends.  Do you know whose money it is?
  • B.  The rules require you to keep the funds in trust, even after your office is closed, until they’re disbursed to a client.
  • C.  You should remit the funds to the Vermont Bar Foundation.
  • D.  You should remit the funds to the State Treasurer’s Unclaimed Property Division

Question 2

Attorney called me with an inquiry. Attorney asked about entering into “a nonrefundable, flat fee agreement.”  What was my likely response?

  • A.  Don’t.  The fee agreement violates the Rules of Professional Conduct
  • B.  To comply with the rules, you must confirm the agreement in writing.
  • C.  To comply with the rules, you must confirm the agreement in a writing that is signed by Client
  • D.  To comply with the rules, the agreement must be in writing and you must deposit the fee into a pooled interest-bearing trust account.

Question 3

When do the rules require banks to provide notification to Disciplinary Counsel?

  • A.  Whenever a trust account check is presented against insufficient funds.
  • B.  Whenever a trust account check is presented against insufficient funds, but only if the bank honors the check.
  • C.   A . . . and whenever a lawyer authorizes an ACH transaction to or from a trust account.
  • D.  B . . . and whenever a lawyer is issued a debit card that is tied to a trust account.

Question 4

I presented at a CLE.  I said that there are 4 situations in which something is allowed:

“Generally, THIS is allowed when THAT results from

  • A.  a personal interest of the lawyer; or
  • B.  work in which the lawyer participated personally and substantially while at a different firm; or
  • C.  work in which the lawyer participated personally and substantially while working as a law clerk or judge; or
  • D.  work the lawyer did prior to transitioning between government work & private practice

For 1 point each, identify THIS and THAT.

Question 5

I often say that my job isn’t like professional responsibility class in law school: most complaints are mundane.  I’ve yet to receive a complaint that alleges that a lawyer knows where a dead body is, but won’t tell anyone.

Speaking of which, last week I screened a complaint. It included allegations against two attorneys: Roy Foltrigg and Regina Love.

  • The complaint described “Reverend Roy” Foltrigg as an “ambitious, sleazy, and vain US Attorney who will not hesitate to engage in unethical or illegal conduct to advance his ambitions.”
  • The complaint described “Reggie” Love as “recovering addict who is nice & does a lot of pro bono work, but who doesn’t always follow the ethics rules, and who has more street smarts than law smarts.”

Wait..was I screening a complaint? No, I think I must have been either reading a book or watching a movie.  Yes, I was.

What book/movie?

the-quiz

 

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