Five for Friday #215

Welcome to Friday and the 215th #fiveforfriday legal ethics quiz.

Today’s is a Vanilla Ice intro:  meaning, I’m skipping the intro and going quick to the quiz, to the quiz no fakin.

Oh, but wait!  Speaking of 215, and with the next line of Ice, Ice, Baby in mind, I’d be remiss not to mention Patrick Kennedy.

Not only does he love all things bacon – he once made a bacon-scented candle – Patrick’s birthday is February 15th.  That’s right – 2/15.  So, for readers who enjoy the traditional intro tied to the week’s number, here’s a post that I did in honor my brother’s birthday last year.

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 answersPlease consider sharing the quiz with friends & colleagues.
  • Please consider sharing the quiz social media.  Hashtag it – #fiveforfriday

 Question 1

It happened again.  So, fill in the blank.

A change to wiring instructions should put a lawyer on alert to a potential _________:

  • A.  conflict of interest.
  • B   situation in which the client is not competent to make informed decisions about the representation.
  • C.  violation of the rule that prohibits unreasonable fees.
  • D.  trust account scam.

Question 2

 Lawyer called with an inquiry.  I answered, “you need to make sure to avoid noisy ______________.”

Given my answer, it’s most likely that Lawyer called to discuss:

  • A.  withdrawal.
  • B.  clients.
  • C.  judges.
  • D.  technology.

Question 3

 I often refer to the 7 Cs of Legal Ethics.  A rule involving one of the Cs includes a comment that reads:

  • “A lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved.  Ignorance caused by a failure to institute such procedures will not excuse a lawyer’s violation of this rule.”

Which C?

Question 4

 When a lawyer holds funds in trust and in which two or more persons claim interests, a rule specifically requires the lawyer:

  • A.  to resolve the dispute.
  • B.  to keep the funds separate until the dispute is resolved.
  • C.  to promptly distribute all portions that are not in dispute.
  • D. B & C.

Question 5 & Bonus

There’s a lawyer who has been in the news a lot lately.  The news has included reports that disciplinary complaints have been filed against the lawyer in at least five jurisdictions.

A few weeks ago, the lawyer held a press conference in which the lawyer analogized a client’s claims to a famous scene in this blog’s favorite legal movie, My Cousin Vinny.

Name the lawyer.

Bonus:  identify the specific issue that both the lawyer and Vinny argued rendered witnesses unreliable.

the-quiz

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