Five for Friday: #69

69 is about how many games the Sox will win this season if their offense continues at its current anemic pace.  Let the chant begin: Bring back Papi!

I didn’t post many columns this week, with “many” defined as “any.”  I was in D.C. for ABA Day and let it get the best of my time.  The topics this year: LSC funding and changing the laws to allow the VA to do more to provide homeless veterans with access to legal services.  For more info, e-mail me.  However, I wouldn’t miss the Friday column, so here we go:

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

A comment to one of the rules includes the following language.

• “a lawyer should adopt reasonable procedures, appropriate for the size and type of  firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved. Ignorance caused by a failure to institute such procedures will not excuse a violation of this rule.”

What’s the topic of the rule?

Question 2

Solo just opened a new practice.  Solo used to work for the Alliance Firm.

At new practice, Solo represents Vader in matter against Luke.

Luke asks Alliance for representation.   Prior to asking, Luke has never been represented by Alliance.

Which is most accurate?

• A.    Alliance may not represent Luke.
• B.    If Vader is a former client of Alliance, Alliance may not represent Luke
• C.    If Vader is a former client of Alliance, Alliance may not represent Luke absent Vader’s informed consent.
• D.    If Vader is a former client of Alliance, Alliance may represent Luke unless (1) the matter is the same as or substantially related to a matter in which it represented Vader; and (2) any lawyer working at Alliance has information about Vader that the rules prohibit from being disclosed.

Question 3

Vermont’s rules prohibit lawyers from asking a person other than to client to voluntarily refrain from giving information to another party.  The rule does not apply if (a) the person is a relative, employee, or agent of the client; AND (b) the lawyer reasonably believes that the person’s interests will not be adversely affected by choosing to refrain from giving the information.

The rule applies to all types of cases. However, the Reporter’s Notes caution lawyers that conduct permitted by the rule:

• A.  Is discouraged.
• B.  Adversely reflects on a lawyers’ fitness to practice law if done regularly
• C.  Might constitute obstruction of justice in a criminal case
• D.  Likely violates the rule on dealing with the unrepresented person

Question 4

Attorney called me with an inquiry.  I listened, then responded by saying “generally, it’s prohibited if one of your significant motives for doing so is pecuniary gain. Though, if motivated by pecuniary gain, it’s okay if the person is a lawyer or has a close family/personal/professional relationship with you.”

What general topic did Attorney call to discuss?

Question 5

Vincent Gambino meandered back & forth across the line between “ethical” and “not ethical.”  But, talk about tech competence! (positraction is technology!) Plus, in the end, Gambino’s trial skills demonstrated an ability to provide competent & diligent representation.   Question 5 invokes Gambino.

The question:  What color am I?

• I am a color.  Attorney Gambino asked witness Mona Lisa Vito about a similarity between the 1963 Pontiac Tempest and the 1964 Buick Skylark. Specifically, he asked if both GM models were available in me.  Ms. Vito answered “They were!”

What color am I?