Monday Morning Answers #163

Welcome to Monday!

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

Honor Roll

  • Karen Allen, Esq.
  • Alberto Bernabe, Professor, John Marshall Law School
  • CeCe ConradCostello, Valente & Gentry
  • Erin GilmoreRyan Smith & Carbine
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • John LeddyMcNeil, Leddy, & Sheahan
  • Pam Loginsky, Washington Association of Prosecuting Attorneys
  • Kevin LumpkinSheehey Furlong & Behm
  • Lon McClintockMcClintock Law Offices
  • Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
  • Hal Miller, First American
  • Herb Ogden, Esq.
  • Eric ParkerBauer Gravel & Farnham
  • Jim Runcie, Ouimette & Runcie
  • Carie TarteSenior Paralegal, Maley & Maley


Question 1

By rule, a lawyer shall not make a false or misleading communication about the lawyer or the lawyer services.   Which of the following violate(s) the rule?

  • A.  Material misrepresentations of fact or law.
  • B.  Communications that omit a fact necessary to make the statement, considered as a whole, not materially misleading.
  • C.  Both A & B.   V.R.Pr.C. 7.1
  • D.  Trick question.  There is no such rule.

Question 2

You’re at a CLE.  You hear me say:

  • “The privilege is different from the rule.  The rule talks about ‘information relating to the representation.’ A comment to the rule makes it clear that this encompasses more information than is covered by the privilege.”

What was I talking about?  The rule on:

  • A. Client confidences.  V.R.Pr.C. 1.6 Comment 3
  • B.  A lawyer’s duties upon the receipt of inadvertently produced information.
  • C.  Former Clients.
  • D.  Prospective Clients.

Question 3

Consider the following:

  1. instruments drawn on banks;
  2. checks drawn on an IOLTA of a licensed Vermont lawyer or on the IORTA of a licensed Vermont real estate broker;
  3. checks issued by the United States or the State of Vermont;
  4. personal checks, not to exceed $1,000 in the aggregate per transaction; and,
  5. checks drawn on or issued by insurance companies, title insurance companies, or title insurance agencies that are listed in Vermont.

They are:

  • A. signs of a potential trust account scam.
  • B.  instruments that MUST NOT be deposited into an IOLTA
  • C.  instruments that MUST NOT be deposited into an operating account.
  • D.  instruments that a lawyer may presume to constitute “collected funds” upon deposit.  V.R.Pr.C. 1.15(g) and this blog post from last week

Question 4

There’s a rule that prohibits extrajudicial statements that will have a substantial likelihood of materially prejudicing an adjudicative proceeding.   Which is most accurate?

  • A.  It applies only to the prosecutor in a criminal case.
  • B.  It applies to “any lawyer participating in a criminal case.”
  • C.  There are no exceptions to the general prohibition.
  • D.  It applies to any “lawyer who is participating or has participated in the investigation or litigation of a matter,” whether criminal or not.  V.R.Pr.C. 3.6

Question 5

I’m the chair of the VBA’s Pro Bono Committee.  Also, this evening, I’m speaking at the Vermont Bar Foundation’s Justice Fest.

Cheslie Kryst is an attorney at a firm in North Carolina.  Over the past few years, she provided a significant amount of pro bono work to inmates seeking shorter sentences.  Yes!

Last week, Attorney Kryst made national news.   Why?

  • A. She was crowned Miss USA.  Stories from the ABA Journal and CNN
  • B. She appeared in an episode of Game of  Thrones.
  • C. She became engaged to one of her pro bono clients whose sentence was commuted as a result of her work.
  • D.  She defeated James Holzhauer on Jeopardy, ending his stunning reign as champion.

Image result for cheslie kryst