Five for Friday: A problem?

I have a Friday problem.

The Five for Friday quiz is popular.  Very popular.  I’ve already heard from several people wondering why this week’s has yet to appear.

The Vermont Rules of Professional Conduct are what they are.   There’s only so many ways to ask the same questions over and over.  So, going forward, the quiz might become an every-other-(or every third)-Friday thing.  I’ve got some ideas on how to present problems in legal ethics in a format other than the quiz format, and some readers have suggested interesting twists as well.

Of course, I don’t want you to have to go cold turkey.  So, I’ll worry about my Friday problem next Friday.

The format:

  • No rules.  The quiz is open book, open search engine, phone-a-friend, call bar counsel.
  • Exception: Question 5.  Try to play that one straight.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply.
  • Team entries welcome, with catchy team names appreciated.
  • Please consider sharing the quiz with colleagues.
  • I’m the sole arbiter of answers. All appeals will be denied.
  • email answers to
  • I’ll post the answers on Monday.

Question 1

Imagine you attend a CLE at which I use the following terms & phrases:

  • in connection with a representation
  • single source
  • compliance review

How many minutes into the CLE would you fall asleep?  Oops, that’s not what I meant.  What I meant was “what is the topic of the CLE?”

Question 2

Do the rules allow a lawyer to make an agreement prospectively limiting the lawyer’s liability to the client for malpractice?

  • A.   Yes.
  • B.   Yes, but only if the client is independently represented in making the agreement
  • C.   Yes, but only if the agreement is confirmed in a writing that is signed by the client
  • D.  No.

Question 3

Attorney called me with an inquiry.  Attorney asked “can I just put him on, instruct him to tell his story, and not ask any questions?”

Given the question, it’s most likely that Attorney practices in what area of the law?

Question 4

Same facts as question 3: Attorney called me with an inquiry.  Attorney asked “can I just put him on, instruct him to tell his story, and not ask any questions?”

The “him” in Attorney’s question refers to:

  • A.   Attorney’s client
  • B.   A fact witness who will testify in for Attorney’s client
  • C.  An expert witness who will testify for Attorney’s client
  • D.   A witness who is also a former client of Attorney

Question 5

Cassie Novak is a fictional lawyer.  From 2003 thru 2008, she appeared as a senior assistant district attorney.  In 2008, she left her office (and the show) after reportedly having been disbarred for failing to disclose exculpatory evidence while prosecuting a police officer.  In 2012, she reappeared, informing everyone that she had not been disbarred, but only suspended for 3 years.

Novak is the only female assistant district attorney to appear in at least five seasons of both her show and the other shows in its franchise.  In addition, with 7 full seasons as an assistant district attorney, she is the longest-running assistant district attorney in the entire franchise.

Name the specific show in which Novak appeared.





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