Happy Monday! Friday’s questions are here. The answers follow today’s Honor Roll. Congrats to all on it, with a special s/o to first-timer Melinda Siel!
- Matt Anderson, Pratt Vreeland Kennelly Martin & White
- Evan Barquist, Montroll Backus & Oettinger
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, John Marshall Law School
- CeCe Conrad, Costello, Valente & Gentry
- Andrew Delaney, Martin & Delaney
- Erin Gilmore, Ryan Smith & Carbine
- Bob Grundstein, Esq.
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- John Leddy, McNeil, Leddy, & Sheahan
- Pam Loginsky, Washington Association of Prosecuting Attorneys
- Lon McClintock, Esq.
- Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
- Jeff Messina, Bergeron Paradis Fitzpatrick
- Hal Miller, First American
- Herb Ogden, Esq.
- Kristen Shamis, Monaghan, Safar, Ducham
- Melinda Siel, Dunkiel Saunders
- Thomas Wilkinson, Jr., Cozen O’Connor
- Zachary York, Vermont Superior Court, Chittenden Civil & Criminal
By rule, a lawyer shall not make an agreement for, charge, or collect an unreasonable fee.
True or False: if a client confirms a fee agreement in writing, it is presumed reasonable.
- “. . . demonstrates [the lawyer’s] failure to comprehend the effect of Vermont Rules of Professional Conduct 1.5(a); lawyers, unlike some other service professionals, cannot charge unreasonable fees even if they are able to find clients who will pay whatever a lawyer’s contract demands.”
By rule, which other rule or rules are relaxed:
“When a lawyer, under the auspices of a program sponsored by a non-profit or court, provides short-term legal services to a client without expectation by the lawyer or client that the lawyer will provide continuing representation in the matter.”
- A. The rules on conflicts of interest. Rule 6.5
- B. The rule that requires competent representation
- C. The rule that requires candor to the court
- D. The rules on safekeeping client property
By rule, there are two exceptions to a general prohibition on contacting certain people. The exceptions are:
- 1. if the person is a lawyer; or,
- 2. if the person has a family, close personal, or prior professional relationship with the lawyer.
These are the exceptions to the rule that prohibits a lawyer from contacting a:
- A. represented person
- B. juror
- C. former constituent of a represented organization
- D. prospective client, by in-person, live telephone or real-time electronic contact, when a significant motive for doing so is the lawyer’s pecuniary gain. Rule 7.3(a)
Lawyer has a conflict. Therefore, Lawyer moves to withdraw. Trial court denies the motion and orders Lawyer to continue the representation, notwithstanding that good cause exists to terminate the representation. By rule, Lawyer must:
- A. Appeal
- B. Continue the representation. Rule 1.16(c).
- C. Self-report to disciplinary counsel
- D. The rule is silent
Speaking of how things were different way back when, there was a time when law schools were not required to teach professional responsibility/legal ethics. Identify the event that resulted in the American Bar Association deciding that legal ethics/professional responsibility should be a required course in law school.