Monday Morning Answers #187

When it comes to this blog, the royal watchers are alive & well!

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

Honor Roll

  • Karen Allen, Esq.; Karen Allen Law
  • Matthew AndersonPratt Vreeland Kennelly & White
  • Evan BarquistMontroll Backus & Oettinger
  • Penny Benelli, Dakin & Benelli
  • Alberto Bernabe, Professor, John Marshall Law School
  • Corinne DeeringPACE Registered Paralegal®.  Paul Frank & Collins
  • Erin GilmoreRyan Smith & Carbine
  • Laura Gorsky, Esq.
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • Jeanne Kennedy,  JB Kennedy Associates, Blogger’s Mom
  • John LeddyMcNeil Leddy & Sheahan
  • Pam Loginsky, Washington Association of Prosecuting Attorneys
  • Lon McClintockMcClintock Law Offices
  • Jeffrey MessinaBergeron Paradis Fitzpatrick
  • Hal Miller, First American
  • Nancy Hunter Rogers, Chamberlin School 
  • Jim Runcie, Ouimette & Runcie
  • Jay Spitzen, Esq.
  • Jonathan Teller-Elsberg, Vermont Law School, JD Candidate
  • Jason Warfield, Vermont Law School, Class of 2020
  • Lucia WhitePractice Manager/Paralegal, Dunkiel Saunders 
  • Thomas Wilkinson, Jr., Cozen O’Connor
  • Zachary York, Vermont Superior Court, Chittenden Civil 

Answers

Question 1

A client’s failure to abide by the terms of a fee agreement:

  • A.   is not grounds for a lawyer to move to withdraw
  • B.   mandates that the lawyer move to withdraw
  • C.   permits the lawyer to move to withdraw.  V.R.Pr.C. 1.16(b)(5)
  • D.  is not mentioned in the rules of professional conduct

Question 2

Lawyer called me with an inquiry.  My response included the following words and phrases:  “knowledge,” “violation,”  “substantial question,”  and “honesty, trustworthiness, fitness.”

What did Lawyer call to discuss?

  • A.  Informing a court that a client had testified falsely in a civil matter.
  • B.  Informing a court that a criminal defense client had testified falsely.
  • C.  Reporting another lawyer’s misconduct.  V.R.Pr.C. 8.3
  • D.  Whether reciprocal discipline would be imposed in Vermont as a result of Lawyer being sanctioned in another state.

Question 3

Law Firm has a Facebook page.  Partner posts “the first 25 to ‘like’ this page win a free iPod!”  Which rule might the post violate?

  • A.   The rule that prohibits a lawyer from paying another to recommend a lawyer’s services. See my blog post: Like to win a Prize!
  • B.   The rule that prohibits the unauthorized practice of law.
  • C.   The rule on communicating with a represented person.
  • D.   Last month, the Vermont Supreme Court ruled that such a statement does not violate the Vermont Rules of Professional Conduct.

Question 4

By rule, a lawyer shall not disburse from the trust account:

  • A.   True.
  • B.   Without “collected funds” and there are no exceptions.
  • C.   Without “collected funds” but there are some exceptions.  See my blog post: Disbursing without Collected Funds
  • D.   Without the client’s consent, confirmed in writing.

Question 5

Following Caesar’s assassination, Brutus was forced to leave Rome.

One of my favorite fictional legal professionals is Rachel Zane.  In the television show Suits, she worked for many years as a paralegal before finally passing the LSAT, getting into law school, and becoming a lawyer.

In real life, the actress who plays Zane made headlines this week, not for leaving Rome, but for leaving her husband’s home country.

Who is the actress who played Rachel Zane in Suits?

Her Royal Highness The Duchess of Sussex, Meghan Markle

Image result for meghan markle title

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