Welcome to Monday!
You might be saying to your self – “self, why is he using an exclamation point?? It’s dark, windy, rainy, and the final week of Daylight Savings Time. WHAT IS HIS PROBLEM??”
Here’s why I used the exclamation point:
I found a backup singer! See below.
Actually, that wasn’t the only (or real) reason for the exclamation point. This was:
The largest Honor Roll ever! It’s official: Justin Timberlake and pro bono are bringing sexy back!
Friday’s questions are here. The answers follow today’s Honor Roll.
- Jordana Levine, Audrey Smith, Nikki South, Rachel Thompson
- Ed Adrian, Monaghan Safar Ducham
- Karen Allen, Karen Allen Law
- Matthew Anderson, Pratt Vreeland Kennelly & White
- Evan Barquist, Barquist Law
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor of Law, John Marshall Law School
- Teri Corsones, Vermont Bar Association (& Association of Backup Singers)
- Andrew Delaney, Martin & Associates
- Mike Donofrio, Striss Maher
- Laura Gorsky, Esq.; Law Offices of David Sunshine
- Bob Grundstein, Esq.
- Tammy Heffernan, Esq.
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Kevin Lumpkin, Sheehey Furlong & Behm
- Scott Mapes, Esq.
- Lon McClintock, McClintock Law Offices
- Jeffrey Messina, Bergeron Paradis Fitzpatrick
- Hal Miller, First American
- Herb Ogden
- Kane Smart, Office of General Counsel, ANR
How much pro bono work do the rules encourage Vermont attorneys to provide per year?
- A. A reasonable amount
- B. 50 hours; Rule 6.1
- C. 60 hours
- D. A meaningful amount
True or false: the rules exempt government & non-profit attorneys from the pro bono expectation.
False. Rule 6.1 applies to every lawyer. Comment, however, recognizes that government lawyers may not be able to satisfy the requirements of Rule 6.1(a) and, therefore, should be allowed to satisfy the pro bono requirement via provision of services set out in Rule 6.1(b). Specifically, the Comment states
- “Constitutional, statutory, or regulatory restrictions may prohibit or impede government or public sector lawyers and judges from performing the pro bono services outlined in paragraphs (a)(1) and (2). According, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in paragraph (b).”
Client retains Lawyer in a divorce. Client agrees to pay Lawyer an hourly fee. The fee agreement is reduced to a writing that is signed by Client.
The matter ends with a final order. By then, Client has paid less than 10% of the total fee and owes Lawyer for approximately 60 hours of work. Lawyer writes off the bill.
May Lawyer claim the 60 hours as pro bono?
- A. Yes, because Lawyer did not get paid.
- B. Yes, as long as Lawyer does not continue to try to collect the bill.
- C. Yes, but cannot claim the hours if Client decides voluntarily to pay.
- D. No.
Rule 6.1(a) is clear: a “lawyer should provide substantial majority of the 50 hours of legal services without fee or expectation of fee . . ..” Comment  drives home the point: “Because services must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected . . . .”
Which section of the rules is relaxed for lawyers who do pro bono work at short-term legal services programs sponsored by non-profits or government agencies?
- A. The trust accounting rules
- B. Rule 1.1 and the duty of competence
- C. Rule 1.6 and the duty of confidentiality
- D. The conflicts rules. Rule 6.5
At various live quizzes, I’ve used questions related to the ethics of P2P filing sharing and the legal battle between Napster & Metallica.
Your task: name the movie in which Justin Timberlake played Sean Parker, the co-founder of Napster.
There’s a hint in the tags. And, here’s a bit of the dialogue:
Sean Parker: Well, I founded an internet company that let folks download and share music for free.
Amy: Kind of like Napster?
Sean Parker: Exactly like Napster.
Amy: What do you mean?
Sean Parker: I founded Napster.
The Social Network