Monday Morning Answers: Week 61

Friday’s questions are HERE. Spoiler alert: the answers are immediately below today’s honor roll. Oh, and my brother tied for 4th.  Another impressive showing!



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.

False.  See, V.R.Pr.C., 1.1, Comment [4] “A lawyer may accept representation where the requisite level of competence may be achieved through reasonable preparation.”

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.

Options A, B,C factor into analyis of whether a conflict of interest can be waived. See, Rule 1.7(b).  “D” does not.

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.”  See, V.R.Pr.C. 5.5, Comment 3. (“In addition, a lawyer may counsel nonlawyers who wish to proceed pro se.”
  • D.   If you want to know the answer, come to the chili contest and vote for my brother.

Note: Best answer of the week was Allison Wannop’s to this question: “D, where you’ll tell Attorney “C”.”

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.

Disclosing information relating to the representation of a former client.  See, Rule 1.9(c)(1)

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.

Levy was a character on one of the top 5 TV shows  of all-time: The Wire.  He practiced in Baltimore.