Five for Friday #64

Interesting that #64 occurs during the NCAA tournament.  If anyone out there has Xavier-Gonzaga in the regional final, send me a picture of your bracket and you’ll make the Honor Roll.


  • There are none. It’s open book, open search engine, use whatever resource you have.
  • Exception: Question 5.  We try to play that one honest.
  • Team entries welcome.  Creative team names encouraged.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Please e-mail answers to
  • Please do not use the “comment” feature to submit your answers
  • I will post the answers Monday, along with the week’s Honor Roll
  • Please consider sharing the quiz with friends
  • Hashtag & share: #fiveforfriday

Question 1

Attorney called with an inquiry.  I listened, then said:

“Good question.  Here’s what it comes down to: your duty is to take reasonable precautions to protect the information from unauthorized disclosure. I’ll send you a few blog posts I’ve written on what ‘reasonable precautions’ are.”

Most likely, Attorney called to discuss:

  • A.  Cloud Storage/Cloud-Based Practice Management Systems
  • B.  A disciplinary complaint that is under investigation
  • C.  A disciplinary complaint that has resulted in formal charges
  • D.. Electronically Stored Information that was inadvertently produced in discovery and that opposing counsel is trying to “claw back”

Question 2

Lawyer works for X.  Lawyer recently accepted a new job with a new employer. Next week, Lawyer will leave X to work for Y.

Y represents a client whose interests are materially adverse to a client who Lawyer represented while working at X.   The two matters are substantially related to each other. Lawyer has a conflict.

The rules will not impute Lawyer’s conflict to other attorneys at Y.  Rather, the rules will allow Y to screen Lawyer.

Which is most likely?

  • A.  X or Y is a government agency
  • B.  X and Y are private law firms.
  • C.  X represents a former employee of a corporation
  • D.  X and Y are in different jurisdictions

Question 3

Attorney called back with another inquiry. I listened, then asked “was it more than $1,000?”

Most likely, Attorney called to discuss:

  • A.   A client who brought a personal check to a real estate closing
  • B.   Attorney’s deposit of Attorney’s own funds into a  trust account
  • C.   Funds in Attorney’s trust account that belong to a client Attorney can’t locate
  • D.   Funds in Attorney’s trust account for whom Attorney cannot determine the      owner

Question 4

Over the past few weeks, attorney regulators and legal ethics types throughout the country have turned their attention Congress.  The reason? Earlier this month, the Chair of the House Judiciary Committee wrote to the ABA and attorney regulators in all 50 states urging them to take action on:

  • A.   Vacancies on the Federal Bench
  • B.    Attorney Advertising Related to Lawsuits involving Pharmaceuticals
  • C.    Licensing Paralegals
  • D.   Bar Admission Rules that Impede Trade

Question 5

This week’s Question 5 is inspired by a conversation I had a few days ago with a loyal reader .  The reader followed-up by emailing me a YouTube clip.

Hint: if a question includes “the reader follow-up by emailing me YouTube clip,” well, that’s a hint.

Fictional lawyer spent a week at a fictional trial advocacy school.  The group of lawyers on staff at the school constantly preached “no matter the case, strike first, strike hard, no mercy!”

What name have the lawyers on staff at the trial advocacy school likely given to their group?




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