Monday Morning Answers #179

Welcome to Monday!

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

And, an added bonus: I ran into Honor Rollee Karen Allen at yesterday’s Heady Trotter 4 Miler in Stowe!

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Honor Roll

  • Karen Allen, Esq.; Karen Allen Law
  • Penny Benelli, Dakin & Benelli
  • Alberto Bernabe, Professor, John Marshall Law School
  • Honorable John M. Conroy, United States Magistrate Judge, District of Vermont
  • Andrew DelaneyMartin & Delaney Law Group
  • Erin GilmoreRyan Smith & Carbine
  • Laura Gorsky, Esq.
  • Robert Grundstein, Esq.
  • John LeddyMcNeil Leddy & Sheahan
  • Kevin LumpkinSheehey Furlong & Behm
  • Pam MarshMarsh & Wagner
  • Lon McClintockMcClintock Law Offices
  • Jack McCullough, Vermont Legal Aid, Project Director – Mental Health Law Project
  • Jeff MessinaBergeron Paradis Fitzpatrick
  • Hal Miller, First American
  • Herb Ogden, Esq.
  • Nancy Rogers, Chamberlin School, South Burlington 
  • Jim Runcie, Ouimette & Runcie
  • Kristen ShamisMonaghan, Safar, Ducham
  • Jonathan Teller-Elsberg, Vermont Law School, Class of 2020
  • Thomas Wilkinson, Jr., Cozen O’Connor
  • Zachary York, Vermont Superior Court, Chittenden Civil 

Answers

Question 1

In Vermont, a lawyer _____________  the representation has been rendered unreasonably difficult by the client.

  • A.   may withdraw if   V.R.Pr.C. 1.16(b)(6)
  • B.   must withdraw if
  • C.   must not withdraw unless
  • D.  I object to the premise. This never happens.

Question 2

Can a lawyer accept compensation from someone other than the client?

  • A.  No.
  • B.   Yes, but only if the client is indigent.
  • C.   Yes, but the rule permitting it also discourages it.
  • D.   Yes, if the client gives informed consent, the payor doesn’t interfere with the lawyer-client relationship, and information relating to the representation of the client is not disclosed to the payor except as authorized by the rule on client confidences.  V.R.Pr.C 1.8(f)

Question 3

Rule 1.15(a)(1) requires a lawyer to hold property of clients or third persons separate from the lawyer’s own property.

While the word doesn’t appear in the rule, what is the word most commonly used to describe conduct that violates the rule?

Commingling

Question 4

A repeat, but in honor of Celebrate Pro Bono Week:

Lawyer is an associate at Firm. Tomorrow, Lawyer intends to provide short-term limited legal services to clients at a walk-in clinic sponsored by a nonprofit organization.  Neither Lawyer nor her walk-in clients will expect Lawyer or Firm to provide continuing representation to the clients.  By rule, which set of rules will be (somewhat) relaxed, insofar as they relate to Lawyer’s work at the walk-in clinic?   The rules on:

  • A.  Conflicts of Interest.  V.R.Pr.C. 6.5
  • B.  Malpractice Insurance
  • C.  Diligence & Competence
  • D.  Client Confidences

Question 5

Michael Brock was an anti-trust lawyer at Drake & Sweeney, a large D.C. firm.  One day, a homeless man named “Mister” entered the firm and took hostages.  A police sniper shot and killed Mister.

Bothered, Brock set out to determine what drove Mister.  His quest led him to the 14th Street Legal Clinic where he met Attorney Mordecai Green.  Eventually, Brock learned that his firm had been involved in evicting homeless people from a condemned building in the middle of winter, with a young family dying as a result.   Disturbed, Brock left the firm, taking a client file with him.

On behalf of the clinic, Mordecai Green sued the firm for its role in the evictions.  The firm countered that Brock had committed malpractice and stolen files.

The matter settled with Brock agreeing to having his license suspended, while the firm fired the partner responsible for the evictions and made its entire staff available to do pro bono work assisting the clinic to fight for the rights of the homeless.

Name the book.

THE STREET LAWYER

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