Welcome to Monday!
Friday’s questions are here. The answers follow today’s Honor Roll.
- Karen Allen, Esq.
- Alberto Bernabe, Professor, John Marshall Law School
- CeCe Conrad, Costello, Valente & Gentry
- Erin Gilmore, Ryan Smith & Carbine
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- John Leddy, McNeil, Leddy, & Sheahan
- Pam Loginsky, Washington Association of Prosecuting Attorneys
- Kevin Lumpkin, Sheehey Furlong & Behm
- Lon McClintock, McClintock Law Offices
- Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
- Hal Miller, First American
- Herb Ogden, Esq.
- Eric Parker, Bauer Gravel & Farnham
- Jim Runcie, Ouimette & Runcie
- Carie Tarte, Senior Paralegal, Maley & Maley
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.
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.
Consider the following:
- instruments drawn on banks;
- checks drawn on an IOLTA of a licensed Vermont lawyer or on the IORTA of a licensed Vermont real estate broker;
- checks issued by the United States or the State of Vermont;
- personal checks, not to exceed $1,000 in the aggregate per transaction; and,
- checks drawn on or issued by insurance companies, title insurance companies, or title insurance agencies that are listed in Vermont.
- 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
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
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.