Monday Morning Answers #152

Welcome to a new week!  Friday’s questions are here.  The answers follow today’s Honor Roll.

Honor Roll


Question 1

Each of the following words is in the name of its own rule. Three of the rules involve the same type of ethics issue.   Which is associated with a different ethics issue than the other three?

  • A.  Prospective
  • B.  Meritorious
  • C.  Current
  • D.  Former

A, C, and D are types of clients in the conflicts rules (Rules 1.18, 1.7, 1.9).  B is different.  Rule 3.1 is entitled “Meritorious Claims & Contentions” and is the ethics equivalent of civil rule 11.

Question 2

Attorney called me with an inquiry. I listened, then replied, “yes, but only in an amount reasonably necessary for the purpose.”

You may assume that my response accurately (and exactly) quoted the rule.  Thus, Attorney asked whether the rules permit a lawyer to:

  • A.   charge for copying
  • B.   bill for travel time
  • C.   take time off to relax
  • D.   deposit the lawyer’s own money in a trust account.   Rule 1.15(b)

Question 3

There are two rules that impose a duty to take “reasonable remedial” action or measures.  One is the rule that addresses a lawyer’s duties when a nonlawyer assistant does something that would violate the rules if the lawyer did it.  The other is the rule that addresses a lawyer’s duties when the lawyer learns that:

  • A.   the lawyer deposited the lawyer’s own funds into a trust account
  • B.   opposing counsel violated the Rules of Professional Conduct
  • C.   the lawyer inadvertently communicated with a represented party
  • D.   a client engaged in criminal or fraudulent conduct related to a proceeding in which the lawyer represents the client.  Rule 3.3(b).

Question 4

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

  • “I understand the first part: you have reason to believe that your client is going to commit a criminal act.  What I didn’t understand is this: is the criminal act going to result in substantial bodily harm to your client? Or to someone other than your client?”

Lawyer’s inquiry related to the rule on:

  • A.   Client confidences.  
  • B.   Withdrawal
  • C.   Concurrent conflicts of interests
  • D.   Duties of a Prosecutor

This is Rule 1.6If the harm will result to the client, disclosure is permissive under Rule 1.6(c)(1).  If it will result to someone other than the client, disclosure is mandated by Rule 1.6(b)(1).  

Question 5

Speaking of Shakespeare, what did Dick the Butcher suggest to Jack Cade that they do first?

“The first thing we do, let’s kill all the lawyers.” Henry VI, Part II, act IV.

As the Wall Street Journal points out here, many have argued that the line is “pro-lawyer.”  Cade aspired to power.  Dick the Butcher was one of his henchmen.  The path to power included sowing disorder and depriving citizens of their rights, a plan that, first, required ridding society of the stewards of order and protectors of those rights: lawyers.

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