Five For Friday

My brother is one of the few non-lawyers who regularly submits answers to the Five for Friday ethics quiz. He’s earned permanent honor roll status.

In addition to having an impressive knowledge of legal ethics, Patrick is a fantastic cook.  One of his specialties: chili.  Show me a chili contest that he hasn’t won and I’ll show you a chili contest that he hasn’t entered.

Tomorrow, the Pour House hosts the 6th Annual Mike Loyer Chili Contest.  While this is the 6th edition since re-naming the contest in Mike’s honor following his tragic passing, the Pour House Chili Contest dates to 2005.  My brother won in 2005 and has either won or placed in the top 3 several times since.

Patrick has yet to decide whether to enter.  That’s how the true greats roll, no matter the area of competition.  If the mood strikes, they’re not only in, they’re a threat to win.  Rumor is that Patrick will enter if he finds the appropriate meat (he’s used hamburger, steak, alligator, snake, elk, and vension in previous entries).

If you’re in the area, stop by.  Not only will you get to sample some great chili, but you might find yourself in the presence of, to my knowledge, the only person ever to make the Five for Friday honor roll AND win the Pour House Chili Contest.

Now, for the quiz.  A quick refresher:

  • 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

True or false?   A lawyer may not accept representation in a matter that involves an area of law in which the lawyer does not possess the requisite level of competence to provide competent representation to the client.

Question 2

Which does not belong?

  • A.  The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.
  • B.  The representation does not involve the  assertion of a claim by one client against another client represented by the lawyer in the same litigation or proceeding
  • C.  Each affected client gives informed consent confirmed in writing.
  • D.  The court approves the agreement.

Question 3

NL intends to represent himself in a divorce.   NL contacted Attorney for advice on how to present evidence & argument in court.  Before answering, Attorney called me to inquire whether advising NL on how to present evidence and argument would violate the rule that prohibits lawyers from assisting in the unauthorized practice of law.  Most likely, my answer was:

  • A.  The rule is silent, but case law says “no.”
  • B.   The rule is silent, but case law says “maybe, depending on the circumstances.”
  • C.   Per a comment to the rule, “no.”
  • D.   If you want to know the answer, come to the chili contest and vote for my brother.

Question 4

Lawyer called me with an inquiry.  Our discussion focused on the key distinction between (1) information that has become generally known and  (2) information that is in the public record.

Identify the general topic that, most likely, Lawyer called to discuss.

Question 5

Maurice Levy was an attorney on television.  Among other things, Levy

  • earned most of his fees providing criminal defense to the Barksdale Organization and its various members
  • advised & assisted the Stanfield Organization to launder money
  • used firm money to buy search warrants from a prosecutor in order to tip-off clients who were drug dealers

Name the city in which Levy practiced law.

the-quiz

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