Five for Friday #79

Welcome to Five for Friday #79!

So, 79’s got a lot going on.  I’ll always associate 79 with the iconic clash between Magic Johnson & Larry Bird.  Before taking their star turns in the Lakers-Celtics rivalry, the two first squared off in the championship game of the 1979 NCAA Basketball Tournament. Whether you love or hate March Madness pools, as Michael Wilbon explains, you probably have the 79 title game to thank or to blame..

The game was played on March 26, 1979.  I was just a kid, but I remember exactly where I was when I watched it:  Washington, D.C.  What was I doing there? My parents drove my brother & I to witness history!

No, not the game.  The game was played in Salt Lake City.

However, earlier that day in D.C., Menachem Begin & Anwar Sadat signed the Israel-Egypt Peace Treaty at a White House ceremony hosted by President Carter. Along with our parents, my brother and I watched from Lafayette Square.

I’m fairly certain that the worst seat for the Bird-Magic game was infinitely better than our vantage point for the signing ceremony.  But we were there!  For those of you who know my mom, ask her about the hotel she booked us for that trip.  Don’t stand too close when you ask.

Finally,79 is a Sexy Prime.

Get your heads out of the gutter! This is a family blog!

Sexy Primes are prime numbers that differ from each other by 6.  And 79 ain’t just any ol’ sexy prime.  Along with 67 & 73, 79 is a Sexy Prime Triplet.

Onto the quiz!

Rules

  • 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 michael.kennedy@vermont.gov
  • Please use e-mail, not the “comment” feature
  • I’ll post the answers & Honor Roll on Monday
  • Please consider sharing the quiz with friends & colleagues
  • Hashtag it on social media as #fiveforfriday

Question 1

How many hours of pro bono publico legal services per year do Vermont lawyers have a responsibility to provide?

Question 2

Last Saturday, Attorney volunteered at a free legal clinic that was offered under the auspices of a program sponsored by a non-profit.  While there, Attorney answered questions from Tenant on issues related to Tenant’s eviction.

Attorney works at Firm.  On Monday, Attorney learned that her Law Partner represents Landlord in the eviction of Tenant.

Which is most accurate under Vermont’s rules?

  • A.   Attorney violated the rules, but Law Partner may continue to represent Landlord.
  • B.   Attorney violated the rules and Law Partner must withdraw from representing Landlord.
  • C.  Attorney did not violate the rules and Law Partner may continue to represent Landlord.
  • D.  Attorney did not violate the rules, but Law Partner must withdraw from representing Landlord.

Question 3

Shakedown 1979, cool kids never have the time.

Justine and Billy are in the process of divorcing.   Attorney has represented Justine since the divorce was filed 1 year ago.  Billy has represented himself.

Yesterday, Billy met with Lawyer to discuss potential representation in the divorce.  Lawyer is married to Attorney.  The two do not work in the same firm.

Which is most accurate under Vermont’s Rules of Professional Conduct?

  • A.   Lawyer may represent Billy.
  • B.   Lawyer may represent Billy if Justine agrees to Lawyer’s involvement. .
  • C.   Lawyer may not represent Billy.
  • D.   Ordinarily, to continue with their respective representations, Lawyer needs informed consent from Billy, and Attorney needs informed consent from Justine.

Question 4

Firm advertises as “the premier family law firm in the county.”  New Lawyer joins Firm. New Lawyer has limited experience in family law matters, but is assigned to handle Client’s contentious divorce.

Before New Lawyer joined Firm, Client and Firm had agreed, in writing, to a $10,000 flat fee.  Client paid the entire sum in advance and Firm deposited the funds into the Firm’s operating account.

Two months into the matter, Client learned that Firm’s managing partner plays in a weekly pick-up basketball game with Client’s Spouse.  Firm has screened Managing Partner from any involvement in Client’s matter.

If Client files a complaint against any lawyer in Firm, which issue would disciplinary counsel most likely consider to be a violation?

  • A.  The so-called “screen.”  Vermont’s rules do not allow screening and impute Managing Partner’s conflict to New Lawyer.
  • B.   The fee agreement & deposit of Client’s payment into the operating account
  • C.  Firm’s advertisement.
  • D.  New Lawyer’s inexperience.

Question 5

Sydney Carton was a brilliant lawyer who struggled with alcohol & depression.  His most famous client was Darnay.

While not explicitly clear from the historical record, I’m pretty sure that Darnay filed a disciplinary complaint against Carton.   In it, he alleged that Carton failed to provide him with competent & diligent representation in a criminal trial that resulted in a death sentence for Darnay.

The complaint became moot when Carton, who bore an uncanny resemblance to his client, switched places with Darnay just before the execution.  Carton’s final words before the guillotine fell:

  • “It is a far, far better thing that I do, than I have ever done; it is a far, far better rest that I go to than I have ever known.”

Name the book.

Bonus: name the lawyer who “mentored” Carton.

On a serious note, if you know a lawyer who, like Carton, is dealing with substance abuse or mental health issues, please read this.

the-quiz

 

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