Monday Morning Answers #131

Happy Monday!

For those of you who venture to the NEK to bike or run, I highly recommend the Beebe Spur Rail Trail. I found it this weekend.  From the hospital, it’s just over 5 miles to the border.  Flat, packed gravel, beautiful views of Lake Memphramagog.  Or, add a few miles by parking downtown and using the Newport Rec Path to get to Beebe Spur. More great views.

Friday’s questions are here.  Today’s answers follow the Honor Roll.

Honor Roll

• Matthew Anderson, Pratt Vreeland Kennelly & White
• Evan Barquist, Montroll, Backus & Oettinger
• Alberto Bernabe, Professor, John Marshall Law School
• Deb Emerson, (f) M.D., Country Walkers 
• Erin Gilmore, Ryan Smith & Carbine
• Bob Grundstein
• Pam Loginsky, Washington Association of Prosecuting Attorneys
• Pam Marsh, Marsh & Wagner
• Lon McClintock, McClintock Law Offices
• Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
• Bill Pettersen, Pettersen Law
• Jim Runcie, Ouimette & Runcie
• Jay Spitzen

Answers

Question 1

You’re at a CLE.  You hear me say:

• “The privilege is different from the rule.  The rule talks about ‘information relating to the representation.’ A comment makes clear that the rule encompasses more than the privilege.”

What was I talking about?

• A. File delivery & work product
• B.  Client confidences.  Rule 1.6(a), Comment [3].
• C.  Storing client information in the cloud
• D.  Inadvertent production of privileged information

Question 2

In Vermont, most conflicts are imputed from the conflicted lawyer to other lawyers in the same firm.

True or false: unlike other conflicts, imputed conflicts cannot be waived by the affected client.

FALSE.  Rule 1.10(c).

Question 3

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

• “It depends. Did you receive information that could be significantly harmful to the person?”

Most likely, “the person” refers to:

• A.  a former client of Lawyer’s
• B.  a current client of Lawyer’s
• C.  a prospective  client who met with, but did not retain, Lawyer.  Rule 1.18(c).
• D.  opposing counsel

Question 4

How long must Vermont lawyers keep copies of advertisements?

• A.   2 years
• B.   6 years
• C.   It depends. Print ads or electronic ads?
• D.   They don’t.  The rule requiring retention of ads was repealed in 2009.

Question 5

As I mentioned above, 131 includes 3.1.   Rule 3.1 makes it a disciplinary violation to file a frivolous lawsuit.

One of the most misunderstood lawsuits of all time involved hot coffee and McDonald’s.  It’s not as frivolous as the legend that has grown around it would have you believe.

Anyhow, the suit served as the inspiration for an episode of a famous tv show in which one of the main characters sued Java World for burns that resulted from hot coffee.  Java World was prepared to make an opening offer of free coffee for life and $50,000.

The character & his lawyer showed up to meet with representatives from Java World and their attorney.  The Java World attorney said “we are prepared to offer you all the free coffee you want at any of our stores throughout North America and Europe, plus . . .”

Before he could finish, the character jumped from his seat, shook the Java World’s attorney’s hand and, without consulting with counsel, exclaimed “I’ll take it!!!!”

Name the character.

Cosmo Kramer, Seinfeld.  The scene is here.