Five for Friday #200

Good morning!

200 is something.

I meant that literally.  200 is, well, something.  What it is is beyond me.  But it’s definitely something.

One of the things I learned from my mom is that society values numbers that end “0.” We’ve conferred upon them a status we’ve not afforded to the other numbers.

For instance, why’s a 10th anniversary more special than a 9th or 11th?  Why aren’t the clues in Double Jeopardy worth $442, $842, $1242, $1642, and $2042?  Virtual cocktail tonight?  Perfect! Let’s say 6:03.

She’s right!

(Which is why I never set the microwave to a time that ends in 0. Bad luck!)

Anyhow, that’s what I mean by “200 is, well, something.”

But 200 is also this.  When it comes to the things that we track and celebrate, nobody gets to 200 on their own.  The only reason I’m typing this column today is because people read it.  So, today’s message is simple: thank you.

Thank you to everyone who’s ever read this blog, forwarded it to another, submitted answers to one of the quizzes, or shared with me a with a personal story prompted by one of mine.  The Friday column is, by far, the most enjoyable thing I’ve done in the all the years I’ve worked in the Professional Responsibility Program.

And that is something for which I’ll always be grateful.

Thank you!

Onto the quiz!

Rules

  • 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 michael.kennedy@vermont.gov
  • 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

Question 1

Person calls Lawyer.  Person tells Lawyer “I have an attorney, but I’d like a second opinion.”  Lawyer is not otherwise involved in the matter in which Person has an attorney.

True or False?

Lawyer must not discuss the matter with Person unless Person’s attorney consents.

Question 2

Absent a written agreement between Lawyer & Client saying it will be treated otherwise, a flat fee paid in advance of any services being performed by Lawyer ____________:

  • A. must be deposited into trust.
  • B.  must not be deposited into trust.
  • C.  violates the rules.
  • D.  None of the above.

Question 3

Last month, Person met with Lawyer to discuss the possibility of forming a lawyer-client relationship.  It was their only meeting or conversation.  Last week, Person informed Lawyer that Person has decided not to retain Lawyer and will retain another attorney. You may assume that Person met with Lawyer in good faith.

Which is most accurate?

  • A.  Lawyer is not bound to keep Person’s confidences.
  • B.  Lawyer owes the same duty of confidentiality as would be owed to any current or former client.
  • C.  The rules do not address this situation.  The rules refer only to duties owed to clients who form professional relationships with lawyers.
  • D.  That consultation better have been virtual!

Question 4

For conflicts purposes, which do the rules treat differently than the others?

  • A.  a former client conflict that arises when Lawyer moves from private practice to government practice.
  • B.  a former client conflict that arises when Lawyer moves from government practice to practice.
  • C.  a conflict that arises from a Lawyer’s personal interest that would not create a significant risk of materially limiting the representation if handled by another attorney in Lawyer’s firm.
  • D.  The rules treat each the same. None is imputed to the other lawyers in Lawyer’s firm/office.

Question 5

This is my personal all-time favorite and is my only concession to 200 being anything other than something.  There’s a hint into the intro.

It’s a good thing Michael Scott isn’t a lawyer.  In an episode of The Office, Michael ran over a co-worker in the company parking lot. He was driving a company car. When asked by an HR rep if the accident happened on company property, Michael replied:

  • On company property, with company property.”

Then, citing to the Bill of Rights, Michael said So . . .  we’re fine.”

What legal theory found in the Bill of Rights did Michael mistakenly think rendered him and the company “fine?”

The Office Quotes (NBC)

 

 

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