Five for Friday #82

Welcome to #82 – the John Stallworth edition!

Loyal readers know I’m a  Steeler fan.  What many people don’t know is that my favorite Steeler of all time is #82, John Stallworth.

I used to save Sports Illustrateds.  Not only my own, but issues published before I was even a subscriber.  You see, as a kid, I was a J.I.M.  That stands for “Junior Independent Merchant.”  Odds are some former J.I.M’s are reading this blog.  What did J.I.M’s do? They delivered The Burlington Free Press.   That’s right – I was a paper boy.

I stunk at it.  Actually, I did fine delivering the papers.  Mainly because my dad got up every day at 4:40 AM and made sure I was out doing my thing.  It was the “collecting” that I stunk at.  Yes, back then, J.I.M.’s had to walk their routes in the evening, knock on doors, and collect payment.  Child cruelty!  Anyway, I didn’t collect all that often.  My customers probably didn’t mind, but, essentially, I failed the “merchant” part of J.I.M.  No wonder I’m not in private practice.

Anyway, one of my customers was a guy named Mr. Bittner. I don’t remember much about him except that he lived on Davis Parkway and, one day, let me have all his old Sports Illustrateds.  For years thereafter, my trunk and milk crates full of SI’s made every move I made, including to the condo in which I live today. Alas, I got rid of the magazines a few years ago, but not without keeping a few of my favorite covers.

One of the covers that I kept is this one:

FullSizeRender

That’s John Stallworth making the winning catch in Super Bowl XIV.  Eagle-eyed readers will note that the mailing label bears the name & address of Mr. Bittner.

For those of you who need to see the 82 better, I agree! So, here’s a picture of Stallworth scoring a TD vs. Dallas in Super Bowl XIII:

Stallworth v Cowboys

82!

On to 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.
    • After that intro, I hope someone enters as Stairway to Seven this week
  • E-mail answers to michael.kennedy@vermont.gov
  • 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

Attorney represents Steeler.   Lawyer represents Cowboy.   Attorney receives from Lawyer a document that Attorney knows was inadvertently sent.

With respect to Vermont’s Rules of Professional Conduct (not the rules of civil procedure), Attorney’s obligation is to:

  • A.  Notify Lawyer
  • B.  Notify Lawyer and return the document
  • C.  Notify Steeler
  • D.  Notify Steeler and consult with Steeler as to the pros & cons of notifying Lawyer

 

Question 2

We often use the term “IOLTA” to described what the rules call a “pooled interest-bearing trust account.”  That’s right – “IOLTA” does not appear in the rules.  Nevertheless, what does “IOLTA” stand for?

Question 3

Former Client isn’t happy with Attorney.   FC insists to Attorney that Attorney committed malpractice. FC is not represented in connection with the potential malpractice claim.

Attorney makes an offer to settle the potential malpractice claim.  FC accepts.

In Vermont,

  • A.   If FC files a disciplinary complaint, Attorney’s offer is an admission that Attorney violated Rule 1.1 by failing to provide competent representation to FC in the original matter;
  • B.   Attorney has a duty to self-report a potential violation of Rule 1.1;
  • C.   A & B
  • D.  The settlement violates the rules unless Attorney advised FC in writing of the desirablity of seeking independent legal counsel in connection with the potential malpractice claim and gave FC a reasonable opportunity to do so before agreeing to the settlement.

Question 4

Fill in the blank.

Lawyer called me with an inquiry.  She told me that her firm is considering whether to hire two attorneys: one who currently works as a government attorney, and one who is an associate at another firm.  Lawyer had several questions related to potential conflicts of interests that her firm would have to deal with if it hired the 2 attorneys.

We talked for a while.  At one point, I said “well, not to get too technical on you, but ____________ means “the isolation of a lawyer from any participation in a matter through timely imposition of procedures within your firm that are reasonably adequate to protect information that the isolated lawyer is obligated to protect.”

What word fills in the blank?

Question 5

A former super hero took a job at a law firm.  Alas, while not exactly the most super of heros, he’s even less competent as a lawyer.  But he got some great cases, including:

  • defending Scooby Doo & Shaggy on drug charges;
  • representing The Jetsons when they travelled back in time to sue us all for ruining the planet;
  • defending Ricochet Rabbit against charges of wilfull & wanton destruction of property;
  • representing Dr. Quest in the doctor’s legal battle with Race Bannon over custody of Johnny Quest;
  • representing the plastic surgeon sued for botching Droopy’s Botox injections; and,
  • representing Fred Flinstone and Peebles in the federal investigation into their potential mob ties.

Who is our erstwhile, yet often incompetent, super hero turned lawyer?

the-quiz