Monday Morning Answers #134

Welcome to Monday.

Friday’s questions and story about Emperor Norton are here.  Today’s answers follow the honor roll.

Honor Roll

Question 1

What is this the definition of?

  • an agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

That is the definition of “informed consent.”  V.R.Pr.C. 1.0(e)

Question 2

By rule, of the following, which must a financial institution  agree to do what in order to be approved as a depository for pooled interest-bearing trust accounts?

  • A.  block ACH transfers to and from such accounts.
  • B.  notify disciplinary counsel whenever such accounts are overdrawn.  Rule 1.15B(d)
  • C.  not issue debit cards that are tied to such accounts
  • D.  All of the above.

Question 3

Lawyer represents Organization.   Can Lawyer also represent one of Organization’s directors?

  • A. Yes, subject to Rule 1.7, which is the rule on conflicts.  Rule 1.13(g)
  • B. No, the rules prohibit dual representation of organization and its directors/officers/constituents.

Question 4

Some might argue that “paltering” violates the rule(s) on:

  • A.   honesty.   
  • B.   conflicts
  • C.   safekeeping client property
  • D.  competence & diligence

Paltering is actively using the truth to deceive.  For more, see my post On Ponds, Paltering & Puffery.

Question 5

The ABA recently updated its list of the 25 Greatest Legal Movies of All-Time.  Two of the Top 3 are set in the same state.

What state?

A timely question given that we are in the midst of my favorite season of the year: college football season.

To Kill A Mockingbird (#1) and My Cousin Vinny (#3) are both set in ALABAMA.

Go Clemson!

See the source image