Welcome to Monday. Anyone around my age, I hope you caught Bel Biv Devoe during the AMAs last night.
Friday’s questions are here. The answers follow today’s Honor Roll.
- Karen Allen, Esq
- Matthew Anderson, Pratt Vreeland Kennelly & White
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, John Marshall Law School
- Andrew Delaney, Martin, Delaney & Ricci Law Group
- Brian Faughnan, Lewis Thomason, Faughnan on Ethics
- Erin Gilmore, Ryan Smith & Carbine
- Benjamin Gould, Paul Frank + Collins
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- John Leddy, McNeil, Leddy & Sheahan
- Pam Marsh, Marsh and Wagner
- Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
- Jeffrey Messina, Bergeron Paradis Fitzpatrick
- Hal Miller, First American
- Herb Ogden, Esq.
- Jay Spitzen, Esq.
- Ian Sullivan, Chief Deputy State’s Attorney, Rutland County
- Jonathan Teller-Elsberg, Carter, Scott & McGee
- Honorable John Valente, Vermont Superior Judge
- Thomas Wilkinson, Cozen O’Connor
Which rule or rules are relaxed when a lawyer, under the auspices of a program sponsored by a nonprofit or court, provides short-term legal services without expectation of continued representation by either the lawyer or client?
- A. The rule that requires competent representation.
- B. The trust accounting rules.
- C. The rules on conflicts of interest. V.R.Pr.C. 6.5.
- D. The confidentiality rule.
Which is most accurate?
A lawyer who makes a frivolous discovery request or who fails to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party:
- A. violates the Rules of Professional Conduct. V.R.Pr.C. 3.4(d).
- violates the rules of procedure but not the Rules of Professional Conduct.
- does not violate the Rules of Professional Conduct unless it happens more than once in the same matter.
- does not violate the Rules of Professional Conduct unless it happens in more than one matter.
Which is most accurate?
A lawyer or law firm’s website:
- A. is not subject to the Rules of Professional Conduct.
- B. likely is a communication concerning the lawyer’s services and, therefore, must not include any false or misleading statements about the services offered by the lawyer or firm. See, V.R.Pr.C. 7.1.
- C. must not include a link or button for a prospective client to email the office or firm, unless the email goes to a non-lawyer’s email account to review for conflicts.
- D. must not be accessible in a jurisdiction in which no lawyer in the office or firm is licensed to practice law.
Lawyer called me with an inquiry. I listened, then replied “It doesn’t matter. Since the two cases are substantially related, the Supreme Court has made clear that we aren’t going to make the former client disclose confidences to protect them.”
What “doesn’t matter.” In other words, given my response, it’s most likely that the last thing Lawyer said before my reply was:
- A. Mike, I already delivered the file once.
- B. Mike, I don’t remember anything about the first case.
- C. Mike, the client never paid me.
- D. Mike, are you drunk?
This is key. If a client’s interests are materially adverse to those of a former client in the same or a substantially related matter, the lawyer has a conflict even if the lawyer doesn’t remember anything about the former matter.
Question 5 (and bonus)
On November 19, the President made some remarks. The Harrisburg Patriot & Union (a Pennsylvania newspaper) published a review that included the following paragraph:
- ““We pass over the silly remarks of the President. For the credit of the nation we are willing that the veil of oblivion shall be dropped over them and that they shall be no more repeated or thought of.”
I said the President made the remarks on November 19. I did not say the President made them yesterday. Indeed, the President who made the remarks was a lawyer.
- Name the lawyer.
- Bonus: Name the title by which the “silly remarks” are better known.
ABRAHAM LINCOLN and The Gettysburg Address
In 2013, the paper published a retraction.