Medal Monday #207

Welcome to Monday!  Friday’s questions are here. The answers follow today’s Medalists.

Medalists

  • Matthew AndersonPratt Vreeland Kennelly & White
  • Evan BarquistMontroll Backus & Oettinger
  • Mimi Brill, Windham County Public Defender
  • Erin GilmoreRyan Smith & Carbine
  • Robert Grundstein, Esq.
  • Glenn Jarrett, Jarrett & Luitjens
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • Elizabeth KruskaPresident-Elect, VBA Board of Managers
  • John LeddyMcNeil Leddy & Sheahan
  • Kevin LumpkinSheehey Furlong & Behm
  • Jack McCullough, Vermont Legal Aid, Project Director – Mental Health Law Project
  • Jake Perkinson, Esq.
  • Jim Runcie, Esq.
  • Jay Spitzen, Esq.
  • Jonathan Teller-Elsberg, Hershenson, Carter, Scott & McGee
  • Jack Welch, Esq.

Answers

Question 1

The following statement refers to 2 of the 7 Cs of Legal Ethics.  One is “competence.” What’s the other?

Lawyers should be aware of the risks related to the inadvertent disclosure of client information & data that are associated with working remotely.

CONFIDENTIALITY.   For more, see my CLE video Protecting Client Data While Working Remotely. It’s 23 minutes.

Question 2

By rule, how often must a lawyer or firm reconcile a trust account?

  • A.  “Timely” with timely defined as no less than monthly.  V.R.Pr.C. 1.15A(a)(1)
  • B.  Quarterly.
  • C.  As recommended by general accounting standards and best practices.
  • D.  Trick question.  The rules are silent.  However, in a disciplinary case, the Vermont Supreme Court held that “more than 2 months without reconciliation is a violation of the general duty to safeguard client funds.”

Question 3

Client retains Lawyer and agrees to pay Lawyer an hourly fee.  The fee agreement is reduced to a writing that is signed by Client.

The representation ends.  Client has paid less than half of the outstanding bill and owes Lawyer for 20 hours of work.

May Lawyer claim the 20 hours as pro bono?

  • A. Yes.
  • B.  Yes, but only if Lawyer stops trying to collect the bill.
  • C.  Yes, but only if Client is “a person of limited means.”
  • D.  No.

To qualify as pro bono, legal services must be provided without a fee or expecation of a fee.  V.R.Pr.C. 6.1(a).

Question 4

There is a rule that has 3 exceptions.  They are:

  • unless the testimony relates to an uncontested issue;
  • unless the testimony relates to the nature and value of legal services rendered; or,
  • if disqualification of the lawyer would work substantial hardship on the client.

What does the rule prohibit?

It’s Rule 3.7 and it prohibits a lawyer from serving as an advocate at trial in a matter in which the lawyer is a necessary witness.  “Conflict of interest” counts as a correct answer.

Question 5

Juneteenth dates to an event that took place on June 19, 1865.  What event?

  • A.  The ratification of the 13th Amendment to the U.S. Constitution.
  • B.  President Lincoln’s signing of the Emancipation Proclamation.
  • C.  Union soldiers arriving in Texas and announcing that enslaved people were freeFor more, visit Juneteenth.com
  • D.  Lee’s surrender at Appomattox.

Juneteenth Flag : vexillology

 

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