Five for Friday: St. Patrick’s Day

Late start today.  Two reasons why.

First, St. Patrick’s Day coinciding with the first round of the NCAA tournament is, well, how I envision heaven.

Second, and related to the NCAA tournament, I spent the morning wondering whether to open an ethics investigation into the Vanderbilt kid who fouled at the end of the Northwestern game.  I bet that coaches Joe McNeil and Rusty Valsangiacomo are still shaking their heads.  Both are masters of teaching score & situation.


The rules are the same as always:

  • Open book. Open internet.  Text-a-friend.
  • Except Question 5
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply.
  • Team entries encouraged.
  • e-mail answers to
  • I’ll post the answers and Honor Roll on Monday morning.

Question 1

There’s a rule that includes the following sentence: “A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.”

It’s in the set of rules that deals with:

  • A.   Candor to the Court
  • B.   Conduct involving dishonesty, deceit, misrepresentation, and fraud
  • C.   Fairness to Opposing Party and Counsel
  • D.   Advertising/Communications Concerning a Lawyer’s Services

Question 2

Client asks Lawyer to draft a will.   Client intends the will to bequeath a substantial sum to Lawyer’s daughter.

Which is most accurate?

  • A.  Lawyer may not draft the will.
  • B.  Lawyer may not draft the will unless Client gives informed consent
  • C.   Lawyer may not draft the will unless Client gives informed consent, confirmed in writing.
  • D.  Lawyer may not draft the will unless Client is related to Lawyer’s daughter.

Question 3

“Astroturfing” is word that is slowly becoming more common in the world of legal ethics. The word is most often used to describe:

  • A.   A lawyer’s practice of posting fake positive reviews & testimonials online
  • B.   A lawyer’s purchase of e-mail distribution lists for mass marketing purposes
  • C.   A lawyer’s surreptitious uses of social media to investigate an adversary
  • D.   A prospective client who consults with as many different firms as possible, attempting to create conflicts that will prohibit the firms from representing the client’s adversary.

Question 4

In legal ethics, “lateral transfers” often give rise to concerns related to:

  • A.   The trust accounting rules
  • B.   Fraudulent conveyances
  • C.   Conflicts of Interest
  • D.   The failure to take reasonable precautions in the electronic storage or transmission of client information.

Question 5

Agnes McDermott was from County Roscommon in Ireland.  She left the Emerald Isle for the U.S., where she met and married a man named William.  Believe it or not, William was also from County Roscommon.  They settled in Newark, New Jersey.

In 1906, the couple had a son.  In 1956, President Eisenhower appointed their son to the U.S. Supreme Court.

Name the U.S. Supreme Court justice whose parents were from County Roscommon in Ireland.