Welcome to Five for Friday #81!
Sadly for 81, it’s a deficient number. A number is deficient if the sum of its divisors is less than the number. Here, 1+3+9+27 = 40. 40 < 81. Hence, 81 is a deficient number.But, don’t blame 81. With few exception, not only are most odd numbers odd, they’re deficient.
Hopefully today’s quiz will remedy any deficiencies you might have in legal ethics!
- 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@
- 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
Not all rules were created equal. If an attorney’s duties under the rules conflict, which duty is usually viewed as trumping all others?
- A. Duty of zealous advocacy to clients
- B. Duty of fairness to opposing counsel & opposing parties
- C. Duty to provide competent, conflict-free representation
- D. Duty of candor to the courts
Competence. Conflicts. Candor. There’s another word that begins with “C” that is a serious violation of the rules. However, the word doesn’t appear in any of the rules, notable in its absence from the trust accounting rules and the rule on safekeeping client property.
What’s the word?
This comes up in approximately 30% of the inquiries I receive. So, about 330 times per year.
Imagine I’m speaking at CLE. You hear me say “the idea is that we’re not going to put a client to the ‘Hobson’s Choice’ of having to disclose a confidence in order to protect it.”
What general topic am I discussing?
Lawyer called me with an inquiry. I listened, then said,
- “Okay. Since you and Attorney don’t work in the same firm, it is only allowed if you do one of two things. And, since it sounds like Attorney doesn’t want to do any work on Client’s matter, that means that the first option is out. So, your only option is that you each assume joint responsibility for the representation of Client. Otherwise, the rule prohibits it.“
What is “it” that Lawyer called to discuss, and that Lawyer and Attorney propose to do.
As another school year approaches, imagine an aspiring 1L heading to law school. Law student is cruising down the highway with the tunes blaring. All of sudden, there are blue lights in the rear view. In the ensuing encounter with police, the law student says to the officer:
- “Well my glove compartment is locked, so is the trunk in the back
And I know my rights, so you gon’ need a warrant for that.”
Problem 1: The situation at hand for our erstwhile law student.
Problem 2: Future issues with the Character & Fitness committee upon applying for admission?
Problem 3: If law student’s statement is based on advice from a lawyer, the lawyer didn’t exactly provide competent & ethical advice.
Your problem: Name the artist & song that was blaring just before law student was pulled over.