Monday Morning Answers #121

Welcome to Monday! Looks like summer turned on the heat!

Friday’s questions are here.  The answers follow today’s honor roll.

Image may contain: 2 people, including Norman Lemieux, people smiling, outdoor

Honor Roll

  • Karen Allen, Esq.
  • Matthew AndersonPratt Vreeland Kennelly & White
  • Leslie Black, Black & Govoni
  • Rich Cassidy, Esq.
  • Robert Grundstein, Esq.
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • Mark Kennedy, Dad
  • Scott Mapes, Esq.
  • Johsua Martin, Green Mountain Legal
  • Lon McClintockMcClintock Law Offices
  • Jeff MessinaBergeron Paradis Fitzpatrick
  • Hal Miller, First American
  • Jody Racht, Assistant Attorney General, VT. Department of Children & Families
  • Allison Wannop, Law Clerk, Vermont Superior Court
  • Thomas Wilkinson, Jr., Cozen O’Connor

Answers

Question 1

It’s likely a violation of the rules for a lawyer to:

  • A.  use an electronic trust accounting system
  • B.  self-represent in a divorce
  • C. condition settlement of a malpractice claim on a former client’s agreement not to file a disciplinary complaint against the lawyer.
  • D.  while representing a client who is adverse to a represented organization, communicate with former employees of the organization without the consent of the organization’s lawyer.

For more, see my post Disciplinary Complaints: File & Let File

Question 2

True or False.

The rule on trial publicity only applies in criminal cases.

FALSE.  Rule 3.6 applies to any lawyer who “is participating or has participated in the investigation or litigation of a matter.”

Question 3

Lawyer called me with an inquiry. I listened, then said:

“The rule authorizes deposits that are for the sole purpose of paying service charges or fees, but only in an amount necessary to pay those charges and fees.”

What specific issue did Lawyer call to discuss?

The trust account rules. Specifically, Rule 1.15(b) and depositing the lawyer’s own funds into trust.

Question 4

Which is most accurate?

A frivolous discovery request is a violation of the Rules of Professional Conduct.

  • A.  True.  See, Rule 3.4(d)
  • B.  False. The trial courts have exclusive jurisdiction over discovery issues.
  • C.  Only if the lawyer is given a reasonable opportunity to withdraw the request and chooses not to.
  • D.  Generally true, but it’s not a violation if the client, upon being advised by the lawyer that the request is frivolous, insists that the lawyer make the request.

Question 5

There’s a lawyer who has been in the news an awful lot lately.  Recently, the intense media coverage of the lawyer and his famous client resulted in reports about the lawyer’s firm’s bankruptcy proceeding.  Per a headline in the Los Angeles Times, the lawyer “tested legal boundaries as his firm maneuvered into bankruptcy.”

  • Name the lawyer
  • Name the famous client who has made the lawyer the subject of intense media coverage over the past several months

Michael Avenatti.   Stephanie A. Clifford (aka “Stormy Daniels”)

The Los Angeles Time piece on Avenatti’s bankruptcy is here.

Image result for avenatti daniels