Welcome to Monday! Beautiful start to the week. I have a feeling we’ll be wishing for weather like this a week from now.
Friday’s questions are here. The answers follow today’s Honor Roll.
links if available
- Karen Allen, Esq.
- Matthew Anderson, Pratt Vreeland Kennelly & White
- Penny Benelli, Dakin & Benelli
- Rich Cassidy, Esq.
- Andrew Delaney, Martin & Associates
- Robert Grundstein, Esq.
- Anthony Iarrapino, Wilschek & Iarrapino
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Kevin Lumpkin, Sheehey Furlong & Behm
- Johsua Martin, Green Mountain Legal
- Lon McClintock, McClintock Law Offices
- Jeff Messina, Bergeron Paradis Fitzpatrick
- Hal Miller, First American
- Herb Ogden, Esq.
- Jim Runcie, Ouimette & Runcie
- Jay Spitzen, Esq.
- Robyn Sweet, CORE Registered Paralegal, Cleary Shahi & Aicher
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.
The rule is V.R.Pr.C. 1.13
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
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.
Judging from the responses, maybe I didn’t phrase this one too well. However, whether a fee is reasonable has no bearing on where it’s deposited upon receipt. Indeed, generally, a challenge to a fee, whether by disciplinary complaint or fee complaint to the Bar Association, is raised well after the lawyer has taken possession of the fee.
The question asked what information do you need to know to determine where a fee must be deposited upon receipt. The answer is that you need to know who the fee belongs too. And, as last week’s blog post made clear, a fee for work that has not yet been done must go into trust, unless the lawyer & client have entered into an agreement for a nonrefundable fee that is deemed earned upon receipt. Such a fee cannot go into trust. The amount of fee and type of case are irrelevant to the question of the account into which the fee must be deposited.
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.
This is the difference between Rule 1.6(b)(1) and Rule 1.6(c)(1). A lawyer MUST disclose otherwise confidential information to prevent a client or other person from committing a criminal act that the lawyer reasonably believes will result in the death of or substantial bodily harm to a person other than the person committing the act. By contrast, if the harm will be to the person committing the act, disclosure is permissive, not mandatory.
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 escaped from under his client’s father’s hat.
Name the tv show.
It’s Always Sunny in Philadelphia