I hope your Friday is off to a good start.
For most of the morning, and as recently as a few moments ago, I contemplated not posting today. Lately, I don’t know how to feel, which leaves me unsure how, or what, to write. Then a thought struck me.
I’m fortunate in that my work continues. I’m even more fortunate that much of my work involves being in touch with lawyers. Over the past week or so, our conversations and emails have often trended outside the context of legal ethics and professional responsibility. Why? Usually because I’ve taken advantage of the moment to revel in human interaction, even if only electronic. And in those interactions, I’ve found inspiration.
In an uncertain time, I’m certain of this: Vermont lawyers remain committed to their clients and to their profession. Nobody has complained or bemoaned the circumstances. While forging on in their personal lives, lawyers are also looking for guidance on how best to help others through this. Simply, you’re rowing boat. And by continuing to row, you’ve made me want to do the same.
So here I am. Thank you for getting me here.
Before the quiz, a few notes:
- I’ve been using the time at home to record CLEs in my garage. Four more this week:
- We’re down to the finals of my tournament to decide the most important rule or concept associated with professional responsibility & legal ethics. The championship match features Candor to the Tribunal vs. Who Decides? Client or Lawyer? To vote, go here. I’ll announce the winner on Monday. To see how the voting played out in prior rounds, go here.
Now, onto the quiz!
- None. Open book, open search engine, text-a-friend.
- Exception: Question 5. We try to play that one honest.
- Unless stated otherwise, the Vermont Rules of Professional Conduct apply
- Team entries welcome, creative team names even more welcome.
- E-mail answers to email@example.com
- I’ll post the answers & Honor Roll on Monday
- Please don’t use the “comment” feature to post your answers
- Please consider sharing the quiz with friends & colleagues
- Share on social media. Hashtag it – #fiveforfriday
If continued representation of a client will result in a violation of the Rules of Professional Conduct, a lawyer ________________:
- A. may withdraw.
- B. must withdraw.
Which is discussed in a different rule than the others?
- A. whether to settle a civil claim.
- B whether to accept a plea offer in a criminal case.
- C. whether to testify in a criminal case.
- D. whether two matters are the same or substantially related.
Scenario: Third Person is paying Lawyer to represent Client. Client has given Lawyer informed consent to accept payment from Third Person. Third Person is not interfering with Lawyer’s professional judgment.
True or false?
Lawyer does not need Client’s consent to share with Third Person otherwise confidential information relating to Lawyer’s representation of client.
There’s a rule that prohibits a lawyer from communicating ex parte with two groups of people. Each group begins with the same letter. Name one of the groups.
I owe an opera question to one of my most loyal readers!
I often preach the duty of competence.
Derrick Wang is an uber-talented composer and writer who teaches interdisciplinary courses in music and law at Johns Hopkins. Wang’s works include an opera that has received rave reviews. With the tag line “we are different: we are one,” the opera was inspired by the friendship and writings of two U.S. Supreme Court justices. Last month, a review in OperaWire opined that “this is the kind of opera that should be everywhere.” When it comes to operas, Wang clearly has satisfied the duty of competence.
Name the two Supreme Court justices who inspired Wang’s opera.