Welcome to marathon week! More on that to come on Friday.
Last Friday’s questions are here. The answers follow today’s honor roll.
HONOR ROLL
(links where available)
- Karen Allen
- Matthew Anderson, Pratt Vreeland Kennelly & White
- The Comeback Kids
- Erin Gilmore, Ryan Smith Carbine
- Robert Grundstein
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Jeanne Kennedy
- Kevin Lumpkin, Sheehey, Furlong & Behm
- Joshua Martin
- Lon McClintock, McClintock Law Offices
- Jack McCullough, Vermont Legal Aid, Mental Health Law Project
- Jeff Messina, Bergeron Paradis Fitzpatrick
- Hal Miller, First American
- Krystn M. Perettine, McCormick, Fitzpatrick, Kasper & Burchard
- Jay Spitzen,
ANSWERS
Question 1
What type of conflict is less likely to be imputed to other lawyers in the same firm as the conflicted lawyer?
- A. a conflict between a former client & current client
- B. a conflict between current clients
- C. a conflict arising from a personal interest of the disqualified lawyer
- D. Trick question. In VT, all conflicts are imputed to others in the same firm.
Rule 1.10 is the rule on imputed disqualification. The rule imputes conflicts that arise under Rules 1.7 and 1.9 to other lawyers in the same firm. Thus, of the choices listed, choices A & B are not correct.
C is correct. Per Rule 1.10(a), conflicts that are based on a personal interest of the disqualified lawyer are not imputed to others in the lawyer’s firm, so long as there is not a significant risk that the disqualified lawyer’s conflict will materially limit the remaining lawyers’ representation of the client.
Question 2
How long are Vermont lawyers required to keep trust account records?
- A. 6 years from the termination of a representation. Rule 1.15(a)(1).
- B. 7 years from the termination of a representation.
- C. a reasonable period of time following the termination of a representation.
- D. the rules are silent,
Question 3
Lawyer called me with an inquiry. I listened, then said: “generally, your duty is to raise all non-frivolous defenses in a motion to quash. If the court enforces the subpoena, the rule permits you to comply.”
It’s most likely that Lawyer and I discussed:
- A. Rule 1.6 (confidential information relating to the representation of a client)
- B. Rule 1.9 (former client conflicts)
- C. Rule 4.4 (respect for the rights of a third person)
- D. Rule 7.1 (communications concerning a lawyer’s services)
I’ve already received 3 inquiries of this nature this month. Generally, when subpoenaed to disclose information relating to the representation of a client, unless the client consents to the disclosure, the lawyer has a duty to raise all non-frivolous defenses against disclosure. Why? Because “i’ve been subpoenaed” is NOT an exception to Rule 1.6’s prohibition of the disclosure of information related to a representation.
I’ve blogged on this issue HERE.
Question 4
Tech competence. My position is that, for many lawyers, Rule 1.1’s duty of competence includes a duty to understand when and how to advise/request that clients/opposing parties preserve ______.
- A. ESI
- B. CBD
- C. DUI
- D. ACH
“ESI” is Electronically Stored Information. Last week, I posted ESI: there’s risk in failing to preserve.
Question 5
Elihu Smails was a lawyer who became a judge. After the way Judge Smails treated Danny Noonan, no way anybody would ever want to carry the Judge’s clubs for 18 holes!
Name the movie in which Judge Smails didn’t exactly cloak himself in behavior that tends to cast the legal profession in a positive light.
Caddyshack
Ethical Grounds 