Monday Morning Answers #147

Welcome to Monday.  Friday’s questions are here.  The answers follow today’s Honor Roll.

And, on Martin Luther King Day, here’s a quote from Dr. King that relates to the point I tried to make in the intro to the quiz:

 “On that day the question will be, ‘What did you do for others?'” 

(“The Three Dimensions of a Complete Life” sermon)

HONOR ROLL

ANSWERS

Question 1

In Vermont, if a prospective client meets with but does not retain a lawyer, the lawyer’s duty of loyalty is relaxed vis-à-vis the client, but another duty is not.

Which duty?

The duty of confidentiality.  Rule 1.18(b)

Question 2

There’s a rule that prohibits “qualitative comparisons” that cannot be factually substantiated.  A disciplinary prosecution under the rule is most likely to involve:

  • A.  a frivolous pleading
  • B.  a statement made during closing argument in a jury trial
  • C.  extrajudicial statements made to the press that are likely to prejudice an adjudicative proceeding
  • D.  attorney advertising

Question 3

With respect to the Rules of Professional Conduct, the phrase “acting through its duly authorized constituents” is in the rule on:

  • A.  the duties when representing an organization.  Rule 1.13(a)
  • B.  lawyers holding public office
  • C.  firm names & letterhead
  • D.  the unauthorized practice of law

Question 4

Here are 2 things I mentioned at CLE:

  1. last-minute changes to wire instructions;
  2. a prospective out-of-state client who claims to be owed money by a Vermonter, and who only communicates with you by e-mail

What topic was I discussing?

TRUST ACCOUNT SCAMS.   Here are some of my posts on scams:

Question 5 (Fill in the blank)

I often blog about Rule 1.1’s duty of competence.

Some might argue that when the answer is relevant to a witness’s credibility, competence includes knowing how long it takes to cook grits .

Proponents of that theory would assert that Vincent Gambini complied with Rule 1.1 by asking that “so, Mr. Tipton, how could it take you 5 minutes to cook your grits when it takes the entire grit eating world __________ minutes?”

20.  Vinny’s cross-examination of Mr. Tipton is here.

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