Medal Monday #204

Welcome to another week.

Friday’s questions are here.  The answers follow today’s medalists.

Medalists

Answers

Question 1

The following statement is from a comment to a rule.  Your task: fill in the blank.

“The lawyer’s duty to act with reasonable diligence _______________ the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.”

  • A.  may require.
  • B.  does not require.  V.R.Pr.C. 1.3, Comment [1].
  • C.  usually does not require.
  • D.  is perfectly, but sadly, consistent with

Question 2

By rule, a lawyer shall not use information relating to the representation of a former client to the former client’s disadvantage.  One exception is when the information ______:

  • A.  has become generally known.  V.R.Pr.C. 1.9(c)(1)
  • B.  is public record.
  • C.  Trick question. There are no exceptions.
  • D.  A or B.

Question 3

Lawyer and Client agree that Lawyer will represent Client for $200 per hour.  The agreement is not reduced to writing.  Lawyer sends invoices at the end of every month, always billing at $200 per hour.  Client pays each bill.

Then, one month, Lawyer sends an invoice billing Lawyer’s time at $250 per hour.  Prior to doing the work, Lawyer did not inform Client of the change to the hourly fee.

Which is most accurate?

  • A.  There is a rule that requires any changes in the basis or rate of the fee to be communicated to the client.  Lawyer appears to have violated that rule.  
  • B.  Hourly fee agreements do not have to be in writing. Therefore, while not very professional, Lawyer appears not to have violated the Rules of Professional Conduct.

This is Rule 1.5(a).  The final sentence says “Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.”

Question 4

Consider the following:

  1. Information received by Bar Counsel while responding to an ethics inquiry.
  2. Information received by a lawyer while serving in the Lawyer Assistance Program
  3. Information received by a lawyer while serving as a member of the VBA’s Professional Responsibility Committee.I
  4. Information otherwise protected by Rule 1.6 (the rule on client confidences).

In each, the recipient of the information is exempt from a duty that otherwise applies to all lawyers.  What duty?

The duty to report another lawyer’s violation of the Rules.  V.R.Pr.C. 8.3(c).

Question 5

You should be able to narrow this down to a 50-50.

On May 15, 1869, two women founded the National Women’s Suffrage Association.  Three years later, one of them met & befriend California Republican Senator Aaron Sargent on a train ride.  Their friendship eventually resulted in Senator Sargent introducing the first proposal to amend the Constitution to provide women the right to vote.  Years later, and after many failures, the amendment became the 19th to be ratified.

Who did Senator Sargent meet on the train?

Susan B. Anthony

Susan B. Anthony - Quotes, Facts & Women's Rights - Biography

 

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