Good morning! Friday’s questions are here. Aunt Kate would’ve needed her sunglasses as she walked east on Pearl to Abernathy’s this morning. Alas, and sadly, even though it’s April 9, she also would’ve need her hat, scarf, and mittens.
Spoiler alert: the answers follow today’s Honor Roll.
(hyperlinks when available. lack of a link doesn’t reflect a lesser score or lower honors)
- Karen Allen, Esq.
- Matthew Anderson, Pratt Vreeland Kennelly & White
- Mary Ashcroft, Esq.; Legal Access Coordinator, Vermont Bar Association
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, John Marshall Law School
- Beth DeBernardi, Administrative Law Judge, Vermont Department of Labor
- Heather Devine, Esq., Law Clerk, Vermont Supreme Court
- Bob Fletcher, Stitzel, Page & Fletcher
- Robert Grundstein, Esq.
- Anthony Iarrapino, Wilschek & Iarrapino
- Glenn Jarrett, Jarrett & Luitjens
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Aileen Lachs, Mickenberg, Dunn, Lachs & Smith
- Kevin Lumpkin, Sheehey, Furlong & Behm
- Pam Marsh, Marsh & Wagner
- Lon McClintock, McClintock Law Offices
- Hal Miller, First American
- Larry Myer, Rubin, Kidney, Myer & Vincent
- Herb Ogden, Esq.
- David Polow, Polow & Polow
- Jay Spitzen, Esq.
- Thomas Wilkinson, Jr., Esq, Cozen O’Connor
Which is a rule?
When lawyers are associated in a firm:
- A. only one may have signature authority on a trust account.
- B. each is professionally liable for the misconduct of any other.
- C. none of them has a duty to report the misconduct of any other.
- D. none of them shall knowingly represent a client when any one of them would be prohibited from doing so by the conflict rules, unless the conflict is a personal one and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.
That is Rule 1.10(a).
Many lawyers advertise. Indeed, an exception to a rule allows a lawyer to “pay the reasonable costs of advertisements.” It’s one of the exceptions to the rule that prohibits a lawyer from:
- A. Giving anything of value to a person for recommending the lawyer’s services.
- B . Direct contact with prospective clients.
- C. Using a misleading firm name.
- D. All of the above
Option A is an exception to Rule 7.2(b)’s prohibition on giving anything of value to a person for recommending the lawyer’s service. Choices B & C are in different rules.
This is a good time to post this reminder: Referral Fee? Think Thrice.
Fill in the blank. (verbatim)
There’s a rule that prohibits a lawyer involved in the investigation or litigation of a matter from making “____________________ that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”
- A. Any statement
- B. An extrajudicial statement
- C. A statement during jury selection
- D. A social media post.
Rule 3.6(a). The key word is “extrajudicial.”
Attorney represents Client in matter vs. Litigant. Litigant is self-represented and does not have a lawyer.
The matter is close to resolving. Attorney has reduced a proposed settlement to writing. Attorney shows it to Litigant. Litigant asks Attorney what paragraph 2 means.
True or False: Vermont’s rules authorize Attorney to explain Attorney’s view of the proposed settlement and Attorney’s view of the underlying legal obligations created by paragraph 2.
TRUE. See, Rule 4.2, Comment  (“So long as the lawyer has explained that the lawyer represents an adverse party and is not representing the person, the lawyer may inform the person of the terms on which the lawyer’s client will enter into an agreement or settle a matter, prepare documents that require the person’s signature, and explain the lawyer’s own view of the meaning of the document or the lawyer’s view of the underlying legal obligations.”)
Alan Page was elected to the Minnesota Supreme Court in 1992 and served until reaching mandatory retirement age in 2015. When first elected, Page had been working for several years as an Assistant Attorney General in Minnesota.
I often blog on the duty of competence. Prior to becoming a lawyer, Page excelled in a different profession. Indeed, as a member of the famed “Purple People Eaters,” Page was among the most competent ever to do that particular job.
What was Page’s job prior to becoming a lawyer.
Alan Page was a professional football player. He was the NFL MVP in 1971 and is in the Pro Football Hall of Fame. Page was a defensive lineman for the Minnesota Vikings (and, at the end of his career, for the Chicago Bears.) The “Purple People Eaters” were the defensive line for the Vikings teams that went to 4 Super Bowls in the 70’s.