Five for Friday #65

For the first time, Five for Friday is live & on location in Bennington County!  I’m at the VBA’s Mid-Winter meeting.   Sadly, the forecast suggests that the name of the meeting complies with the advertising rules.

Rules

• 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 michael.kennedy@vermont.gov
• 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

The Vermont Supreme Court has described a particular as “prophylactic.”  The Court used the word, in part, due to what it termed as the “Hobson’s Choice” that would arise if:

• A. A client had to disclose a confidence in order to protect it
• B. A criminal defendant had to take a plea to avoid going to trial with ineffective& incompetent counsel
• C. A client had to pay an unreasonable fee in order for disciplinary counsel to have grounds to prosecute the lawyer for charging  an unreasonable fee

Question 2

Lawyer represents Client. Lawyer reasonably believes that Client will offer false testimony. However, the rules prohibits Lawyer from refusing to offer the evidence.

• What type of case must this be?

Question 3

What do these rules have in common?

• A. The rule requiring zealous representation
• B. The rule requiring lawyers to maintain copies of ads for 2 years
• C. The rule prohibiting the appearance of impropriety
• D. The rule prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law

Question 4

The “self-defense” exception to Rule 1.6 is often discussed with respect to:

• A.    Disclosing a client’s intent to commit a crime
• B.    Disclosing a misrepresentation that a client made to the court
• C.    Responding to a client’s negative online review
• D.    Withdrawing upon discovery of a conflict that was not apparent at the outset of the representation

Question 5

Name the iconic musician/songwriter whose lyrics are cited more often in U.S. judicial opinions than any other musician.  Chief Justice Roberts and former Justice Scalia are among the scores of judges who have cited to the songwriter.