Five for Friday: #80



It is indeed a miracle that the quiz has made it this far.


  • 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
  • Share on social media.  Hashtag it – #fiveforfriday

Question 1

Good to know for all lawyers, but perhaps particularly relevant to Vermont lawyers who visit Canada .  .  .  what’s at the heart of the legal ethics issue related to border crossings that recently has drawn attention from bar counsel types?

  • A.    The Disclosure of Confidential Client Information
  • B.    The Unauthorized Practice of Law
  • C.    The Ethics of Advising Clients to Comply w State Laws that Violate Federal Law
  • D.    Candor to Government Officials

Question 2

Which is most accurate?

The duty to maintain the confidentiality of information relating to the representation of a client:

  • A.   Applies only to information acquired from the client
  • B.   Applies only to a client’s “confidences and secrets” that would prove embarrassing or detrimental if disclosed
  • C.   Does not apply to information that is in a public record
  • D.  Applies to information acquired before the representation began and after it ended

Question 3

Which is most accurate?  In Vermont,

  • A.   All conflicts are waivable
  • B    All conflicts are waivable, but must be waived in writing
  • C.   If Lawyer currently represents A, Lawyer may not represent B in a matter adverse to A, even if the two matters are unrelated and both A & B give informed consent.
  • D.   If Lawyer currently represents A, Lawyer is not necessarily precluded from representing B in a matter where B is adverse to A.

Question 4

Attorney called me with an inquiry.  I listened, then said:

  • “here’s the deal: you can’t unilaterally resolve the dispute.  if the dispute involves a client & you, you’re supposed to suggest means for prompt resolution.  if it’s a dispute between your client and a third person, a comment to the rule indicates that you may consider filing an action asking a court to resolve the dispute.”

In that my response referred to the Rules of Professional Conduct, what is the most likely subject of the “dispute” that Attorney called to discuss?

Question 5

Attorney John Dowd is part of President Trump’s legal team.  Nearly 30 years ago, he authored the famed “Dowd Report;” a report that led to a star pro athlete effectively being “disbarred” from the athlete’s sport.  Ever since, the athlete has sought reinstatement.

Two years ago, Dowd appeared on a radio station and said that, in the 70’s, the athlete had sex with minors.   Last year, the athlete sued Dowd for defamation.  Neither Dowd’s comments nor the lawsuit generated much media coverage until this week . . . when Dowd’s defense team introduced a sworn statement from a woman stating that she had sex with the athlete when she was 14 years old, and he was 34.

Identify the athlete who, now, appears unlikely ever to be reinstated from the “disbarment” that followed the Dowd Report.








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