Monday Morning Answers – #77

As June’s final week dawns, we welcome two first-timers to the #fiveforfriday Honor Roll.  Congrats (and welcome) to Lindsay Cabreros and Mike Donofrio.  Bonus points to Mike for slipping in a Here Come The Warm Jets reference in his response to Question 2. And special recognition to Nicole Killoran for being the only entrant to comment on the lyrical reference to “Psycho Killer” by the Talking Heads.  

Friday’s questions are here.  Spoiler alert: the answers follow today’s Honor Roll.

Honor Roll

  • Karen Allen, Karen Allen Law
  • Matt Anderson, Pratt Vreeland Kennelly Martin & White
  • Penny Benelli, Dakin & Benelli
  • Lindsay Cabreros, Graduate Intern, First American
  • Beth DeBernardi, ALJ, Vermont Department of Labor
  • Andrew DelaneyMartin & Associates
  • Mike Donofrio, Stris & Maher
  • Robert Grundstein
  • Anthony Iarrapino
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • Patrick Kennedy, First Brother, Dealer.Com
  • Nicole Killoran, Vermont Law School, Professor, JD Externship Program
  • Ray MassuccoMassucco Law Offices
  • Hal Miller, First American, Oceanside Division
  • Herb Ogden, Law Office of Herb Ogden


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.  See, Puffing: The Ethics of 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.  See, Rule 4.2, Comment [3]
  • 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?

Trust Account Management.  See, Rule 1.15A(a)(4).  See also, PRB Decision 175, (Attorney Admonished for failing to have single source identifying all trust accounts)

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.

File Delivery Upon the Termination of a Representation.  For general guidance, see ABA Formal Opinion 471

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 reasonably 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.

Robert Duvall played Attorney Tom Hagen.  Abe Vigoda played Tessio.   Hagen failed to act to prevent Fish from sleeping with the fishes in The Godfather.

The Godfather