Five for Friday #77

Welcome to #fiveforfriday #77!

Speaking of 77, I’m a fair quiz master, not some sort of psycho killer.  Thus, this quiz isn’t one from which it’s fa fa fa far better to run run run run run away.  Give it a shot!


  • None.  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome
  • E-mail answers to
  • I’ll post the answers & Honor Roll on Monday
  • Please don’t use the “comment” feature to post your answers
  • Please consider sharing the quiz with friends & colleagues
  • Hashtag it – #fiveforfriday

Question 1

Two weeks ago, Andrew Manitsky, Tad Powers, and I presented a CLE that included a discussion of the ethics of puffing.  What was the topic of the CLE?

  • A.   Candor in Negotiations
  • B.   Candor in Opening & Closing Statements
  • C.   Lawyer Advertising & Social Media Marketing
  • D.   Advising Clients on Vermont’s (then proposed) Marijuana Laws

Question 2

In the matter of Byrne v. Eno, Attorney represents Byrne.  Lawyer represents Eno.

Eno e-mails a settlement offer directly to Attorney and does not copy Lawyer.

If Attorney calls me with an inquiry, it’s most likely that I’ll respond:

  • A.   You may reply directly to Eno on the substance of the offer.
  • B.   You may reply directly to Eno, but should limit the response to asking whether Eno is still represented by Lawyer
  • C.   Go through Lawyer.  The so-call “no-contact” rule still applies even though Eno initiated the communication.
  • D.   “A,” but the comment suggests “B” is a better approach

Question 3

The phrase “single source” appears in the rules.  Last week, I spent several minutes discussing “single source” and its meaning at a CLE.

What was the topic of the CLE?

Question 4

I get a lot of calls & e-mails on this topic.

Lawyer called me with an inquiry.  I listened, then told the Lawyer that the 50 states fall into two camps:  “end-product” states, and “work-product” states.  I added that, in my view, we’re an “end-product” state.

What did Lawyer call to discuss? Hint – the general topic is something that is required by the Rules of Professional Conduct and that 98% of you have had to deal with, no matter your practice area.

Question 5

Rule 1.6(b) sets out the situations in which a lawyer must disclose a client’s intent to commit a crime.

More specifically, Rule 1.6(b)(1) requires a lawyer to reveal information related to the representation to the extent necessary to prevent the client or another person from committing a criminal act that the lawyer believes is reaonably likely to result in the death of a person other than the person committing the act.

If the rule had existed back then, it seems clear that Attorney Tom Hagen violated it as he watched Tessio driven away.

Name the movie.