Monday Morning Answers #209

Welcome to a new week. What a difference 72 hours makes!


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

Honor Roll


Question 1

Which of the 7 C’s of Legal Ethics includes both wellness and understanding the risks & benefits of relevant technology?

Perhaps a poorly phrased question as I was hurrying to get to the beach. Here, I was thinking “competence.”  V.R.Pr.C. 1.1 sets out the duty.  Comment [8] advises lawyers that the duty includes keeping up-to-date on the risks and benefits of relevant technology, while Comment [9] makes it clear that well-being is an aspect of competence.

Question 2

Lobster and Scallop are neighbors.  Last month, Lobster met with Lawyer to discuss representation in a dispute with Scallop.  Lobster chose not to retain Lawyer.  Now, Scallop wants to retain Lawyer in the same dispute.  Which is most accurate?

  • A.   If Lobster paid Lawyer for the consultation, Lawyer may not represent Scallop.
  • B.   Lawyer may not represent Scallop.
  • C.   Lawyer may represent Scallop.
  • D.   It will depend whether Lobster provided Lawyer with information that could be significantly harmful to Lobster in the dispute.

This is Rule 1.18.  For more on the duties owed to prospective clients, including guidance from a recent ABA Advisory Opinion, see blog post.

Question 3

Attorney called me with an inquiry.  I listened, then replied:

“For it to be okay, 3 things have to happen.  (1) It has to be in proportion to services you render, or, if not, you have to agree to assume joint responsibility for the representation; (2) the client has agree and confirm the agreement in writing; and, (3) the total has to be reasonable.”

What did Attorney call to discuss?

  • A.   a contingent fee agreement.
  • B.   entering into a limited representation agreement.
  • C.   sharing a fee with a lawyer in another firm.  V.R.Pr.C. 1.5(e).
  • D.   settling a malpractice claim with a former client who is not represented by counsel.

Question 4

There’s a rule that prohibits a lawyer from communicating about the subject of the representation with a person that the lawyer knows is represented by another lawyer in the matter.

Which is NOT an exception to the prohibition?

  • A.    The other lawyer consents to the communication.
  • B.    The communication is authorized by law.
  • C.    The represented person initiates the communication.  See, V.R.Pr.C. 4.2, Comment [3].
  • D.    Trick Question.  These are the 3 exceptions to the rule.

Question 5

When in Maine . . .

This well-known lawyer’s former clients include Sam Sheppard, Patty Hearst, O.J. Simpson, and the Boston Strangler.  Florida disbarred the lawyer in 2001, with Massachusetts doing the same in 2003.

In 2014, the Maine Supreme Court issued an order denying the lawyer’s application to be admitted in Maine.  Central to the decision was the $2 million in back taxes that the lawyer owed to the federal government.

Name the lawyer.

F. Lee Bailey.  If you’re interested, here’s a fascinating profile that Town & Country Magazine did of Bailey.


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