Welcome to the Friday that marks the unofficial beginning of summer!
There’s a lot to do this weekend.
- Run (or cheer) in the Vermont City Marathon (I found at least 17 VT attorneys in the entry list, and that doesn’t even count the relay teams!),
- take in a different type of racing action at Bear Ridge, Thunder Road, or the Devil’s Bowl,
- travel on a special Vermont passport,
- sample the fare at Chowderpalooza,
- use Will-O-Wood, the official campground of Ethical Grounds, as your base to experience all that the NEK has to offer.
- send in your answers to the #fiveforfriday quiz
Whatever you do, enjoy it! But, if even for just a moment, remember those who gave their lives in the service of this country.
On to the quiz!
The rules
- There are none. It’s open book, open search engine, use whatever resource you have. Reading the rules is a good thing!
- 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 (competence includes tech competence)
- 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
Did you think I forgot to include math in this week’s column? Ha!
Firm represents Client. The matter settles and Firm receives an insurance check for $50,000. Firm notifies Cient and deposits the check into trust.
Firm presents client with an accounting that indicates that Client owes Firm $15,000. Firm is prepared to disburse the remaining $35,000 to Client.
Client contends that she only owes Firm $10,000.
Assume that nobody other than Firm & Client have interests in the settlement. Which is most accurate?
- A. Firm must keep the entire $50,000 in trust until the dispute is resolved.
- B. Firm must disburse $40,000 to Client and keep $10,000 in trust until the dispute is resolved.
- C. Firm must disburse $35,000 to Client and keep $15,000 in trust until the dispute is resolved.
- D. Firm must disburse $35,000 to Client, disburse $10,000 to Firm, and keep $5,000 in trust until the dispute is resolved.
Question 2
Attorney called with an inquiry. I listened, then said:
- “The first thing the rule requires is that you not state or imply that you’re disinterested.”
Given my statement, it’s most likely that Attorney called to discuss:
- A. A supboena to testify about a former client’s matter
- B. A prospective client who met with, but did not retain Attorney
- C. A request from an unrepresented person to meet with Attorney to provide information related to a client’s matter
- D. Serving on a jury
Question 3
Lawyer represents Emmit in a dispute with a government agency. Lawyer learns that the agency interprets a regulation in a particular way.
Lawyer also represents Ray. Ray is involved in a dispute with the same government agency, one that involves the same regulation.
Which is most accurate?
- A. Absent Emmit’s consent, Lawyer may not use the agency’s interpretation to help Ray and, therefore, must withdraw from Ray’s matter.
- B. Unless the agency’s interpretation is a matter of public record, Lawyer may not use the interpretation to assist Ray and, therefore, must withdraw from Ray’s matter.
- C. If the two matters are the same or substantially related, Lawyer may use anything that he learns while representing Emmit to help Ray.
- D. If it would not disadvantage Emmit to do so, Lawyer may use the agency’s interpretation of the regulation to help Ray.
Question 4
Of the following, one has not traditionally been treated as a rules violation, viewed instead as a mistake that does not rise to the level of an ethics violation. In my opinion, that should soon change, and the conduct should be considered a violation of the rules.
- A. Withdrawing because a client calls or e-mails too often
- B. An associate acting at the express direction of a supervising partner
- C. Falling for a common trust account scam
- D. Representing a client who is adverse to a former client on the theory that “I don’t remember anything about the former client’s case.”
Question 5
Somewhat of a dichotomy given the weekend . . .
This lawyer collapsed and died of a heart attack near his Washington, D.C. home in 1988. He was buried with full military honors in Arlington National Cemetery – in part because of his service in the U.S. Navy World War II, and in part because he once held a cabinet position. The cabinet position: Attorney General of the United States.
In 1976, the lawyer was disbarred by the State of New York as a result of having been convicted of crimes that took place while he served as U.S. Attorney General.
Name the lawyer.
