Five for Friday #122

Welcome to #122!

I’ve got nothing clever to tie to the number 122.  However, breaking it into 12 & 2, I’ve got something to say.

Counting this weekend, 12 weekends gets us to September 7.  That’s 4 days after Labor Day.

2 months from today is August 22nd.  School will be about to start.  Area high schools’ fall sports team will have started practice.  The Champlain Valley Fair, the traditional end of summer in Chittenden County, will be 2 days from starting.

My message: don’t let 12 and 2 go by without doing something non-lawyerly.  Make time for yourself.  Make time for your family.  Make time for what matters.  You never know, the time you make for what matters might just earn you a mention in this blog.

How so? Here’s how.

Daron Raleigh is a deputy state’s attorney in Rutland County.  A few weekends ago, Daron Raleigh got out and did something non-lawyerly.  She ran the Crowley Brothers Half-Marathon.  Not only did she run it, she won it!  Now that’s what I’d call making time for what matters AND satisfying the duty of competence! Great job Daron!

#WellLawyer

Onto the quiz!

RULES

  • None.  Open book, open search engine, text/phone/email-a-friend.
  • Even question 5!
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • 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
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

Per a particular rule, Lawyer takes direction from Lawyer’s client, acting through client’s duly authorized constituents.

Thus, which is most accurate? Lawyer represents:

  • A.   The defendant in a criminal case
  • B.   A juvenile defendant in a criminal case
  • C.   An estate
  • D.   An organization

Question 2

When it comes to lawyer advertising, which is most accurate in Vermont?

  • A.   a lawyer may not advertise prior results.
  • B.   a truthful report of prior results is not a violation of the rules.
  • C.   a truthful report of prior results might violate the rules if it presented so as to lead a reasonable person to form an unjustified expectation that the similar results could be obtained in a different matter.
  • D.   citing the First Amendment, the PRB has recommended that the Court repeal the advertising rules

Question 3

This morning, Lawyer and Client agreed to a nonrefundable flat fee.  Client advanced the fee to Lawyer.  Lawyer has yet to do any work for Client.

What additional information do you need in order to determine which account – trust or operating – Lawyer must deposit the fee?

  • A.   the amount of the fee.
  • B.   the type of case.
  • C.   whether the agreement was (or soon will be) confirmed in a writing that describes the scope of the services that Client will receive.
  • D.  All of the above.

Question 4

Attorney called me with an inquiry. I listened, then I asked, “will the harm be to the actor or to someone else?”  What specific issue did Attorney call to discuss?

  • A.  Disclosing confidential information related to the representation of a client.
  • B.  Reporting another lawyer’s misconduct.
  • C.  Reporting a judge’s misconduct.
  • D.  Whether to allow a client to testify in a criminal case.

Question 5

The Lawyer and Uncle Jack are characters in a television show.  It is the longest running  live-action sitcom in American television history.

Both The Lawyer and Uncle Jack have ethical issues. Uncle Jack is flat out incompetent.  So, his nephew, Charlie, often pretends to be lawyer, assuming he can do better than his uncle.  When pretending to be a Lawyer, Charlie specializes in bird law. He and The Gang spend much of their time at Paddy’s Pub.

In one episode, Charlie & The Gang went to The Lawyer for help getting patents for things they’d invented. The Lawyer tricked them into signing a contract that gave him all of their profits and included a restraining order against them.  To try to get out of the contract, Mac ate it.   The Lawyer, however, had made 100s of extra copies.

That same season, Charlie challenged The Lawyer to a duel.  The Lawyer accepted.

Lawyer spends much of his time representing the estate of Dennis & Sweet Dee’s grandmother.  However, and speaking of bird-law, The Lawyer’s eye was gouged out at a recent trial.  Gouged out by a bird that excaped from under his client’s father’s hat.

Name the tv show.

the-quiz

 

 

 

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