Monday Morning Answers #149

Michael

Welcome to Monday.

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

Honor Roll

 

Question 1

Lawyer expects to be a necessary witness at a trial in which Lawyer represents Client. So, Lawyer withdraws.

True or False?

There is an absolute and blanket prohibition on any other lawyer in Lawyer’s firm from representing Client at trial.

FALSE.  See, Rule 3.7(b)

Question 2

Attorney represents Brady.   Lawyer represents Goff.

Attorney files a motion for summary judgment.   The memorandum of law in support of the motion is not good.  It fails to cite to a Vermont Supreme Court opinion that is exactly on point and would help Brady.  Lawyer knows that the opinion controls and is directly adverse to Goff.

Lawyer files a response on behalf of Goff.   Which is most accurate?

  • A.  Lawyer must not disclose the opinion that Attorney missed.
  • B.  Lawyer must disclose the opinion that Attorney missed.  Rule 3.3(a)(2)
  • C.  Lawyer may disclose the opinion that Attorney missed.
  • D.  Lawyer may disclose the opinion that Attorney missed, but only if Goff consents.

Question 3

Fill in the blank (the same two-word phrase goes into each set of blanks)

Lawyer called me with an inquiry.  I responded:

“when dealing with an ___________  ______________ on behalf of a client, you can’t state or imply that you’re disinterested. Also, if you know or reasonably should know that the __________  ____________ misunderstands your role, you must make reasonable efforts to correct the misunderstanding.”

(again – two words, with the same exact phrase appearing twice)

UNREPRESENTED PERSON – Rule 4.3

Question 4

Firm is approached by a prospective client who is getting divorced.  The prospective client’s spouse’s business deals will be a significant issue in the divorce.  Firm’s paralegal used to work for the lawyer who is representing the prospective client’s spouse.  While there, the paralegal worked on some business deals for prospective client’s spouse.

Can Firm represent the prospective client in the divorce?

  • A.  No. Paralegal has a conflict and it’s imputed to every lawyer in the caller’s firm
  • B.  Yes.
  • C.   Yes, but only if prospective client’s spouse gives informed consent, confirmed in writing.
  • D.  Yes, because even if paralegal has a conflict, it is not imputed to the lawyers in Firm. Of course, paralegal must not have any involvement with the divorce or share information about spouse’s business deals.

Rule 1.10, Comment[4] and this blog post from last week

Question 5

Last week, a Manhattan judge approved a Hollywood mogul’s new team of a criminal defense lawyers.  The mogul stands accused of sexual assault.

The new lawyers were approved even though two of them used to represent an actress who has also accused the mogul of sexual misconduct.  They represented the actress in a criminal case in Virginia in which she was charged with drug possession.  She alleged that the mogul had planted the drugs in response to her accusations of sexual misconduct.

The mogul’s new lawyers contend there is no conflict because their representation of the actress is not related to the case in which they represent the mogul.   Upon learning that the court had approved the representation, the actress told The New York Times

  • “This is an egregious conflict of interest.  [One of the lawyers] is still listed as my attorney in the VA matter. [That lawyer] did nothing for my case and now I know why. A truly terrible human and a disgrace of a lawyer.”

Name the mogul and the actress.

Harvey Weinstein & Rose McGowan