Happy Monday! Just think – the next time I post a Monday blog, it won’t be January anymore!
Friday’s questions are here. The answers follow today’s Honor Roll.
- Karen Allen, Karen Allen Law
- Matthew Anderson, Pratt Vreeland Kennelly Martin & White
- Evan Barquist, Montroll, Backus & Oettinger
- Janis Levart Barquist
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor of Law, University of Illinois at Chicago, John Marshall School of Law
- Heather Devine, Costello, Gentry & Valente
- Erin Gilmore, Ryan Smith & Carbine
- Benjamin Gould, Paul Frank & Collins
- Nicole Killoran, Professor, Vermont Law School
- Elizabeth Kruska, President, Vermont Bar Association Board of Managers
- John Leddy, McNeil Leddy & Sheahan
- Kevin Lumpkin, Sheehey Furlong & Behm
- Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
- Jeffrey Messina, Bergeron, Paradis & Fitzpatrick
- Hal Miller, Hawaii Agency State Counsel, First American Title Insurance
- Herb Ogden, Esq.
- Brice Simon, Breton & Simon
- Jay Spitzen, Esq.
- Jonathan Teller-Elsberg, Hershenson, Carter, Scott & McGee
- Honorable John Valente, Vermont Superior Judge
- Zachary York, Child Support Specialist II, Agency of Human Services, Office of Child Support
Under the Rules of Professional Conduct, which is treated differently than the others?
- A. whether to settle.
- B. whether a particular witness will be deposed.
- C. what information to request in discovery.
- D. trick question. The rules treat each the same.
Rule 1.2(a) leaves this decision to the client. B & C are left to the lawyer, in consultation with the client.
Lawyer works at Firm. If Lawyer has a conflict of interest that prohibits Lawyer from representing Client, which type of conflict is least likely to be imputed to the other attorneys in Lawyer’s firm? A conflict that arises from:
- A. Lawyer’s representation of a former client.
- B. Lawyer’s current representation of another client.
- C. a personal interest of Lawyer’s.
- D. trick question. In VT, all conflicts are imputed to others in the same firm.
See, V.R.Pr.C. 1.10(a). Conflicts arising from the representation of other or former clients will be imputed. Conflicts arising from a personal interest of the lawyer’s will not be imputed unless there is a significant risk that the lawyer’s personal conflict will limit representation by other lawyers in the firm.
Attorney called with an inquiry. I listened, then said: “well, it’ll likely depend on whether you received information from Person that could be significantly harmful if used against Person.” In this context, it’s most likely that Person is a:
- A. former client of Attorney’s.
- B. current client of Attorney’s
- C. prospective client who met with but did not retain Attorney.
- D. juror.
My comment tracks the standard set out in Rule 1.18.
Lawyer called me with an inquiry. I listened, then said: “generally, your duty is to raise all non-frivolous defenses in a motion to quash that you file on behalf of you and Former Client. If the court enforces the subpoena, our rule permits you to comply and to disclose the information.”
Given my response, which is most likely?
- A. Former Client is deceased.
- B. Former Client did not pay Lawyer.
- C. Former Client filed a disciplinary complaint against Lawyer.
- D. The subpoena seeks to compel production/disclosure of information relating to Lawyer’s representation of Former Client.
I blogged about this issue here.
I’ve often blogged about amending the Rules of Professional Conduct to increase access to justice.
Douglas Emhoff is a lawyer. Lately, Attorney Emhoff has been in the news due to a new role. Attorney Emhoff has hinted at using that role to promote access to justice.
Proper etiquette being important, what is formal title that comes with Attorney Emhoff’s new role?
Attorney Emhoff is married to Vice-President Kamala Harris. Thus, as indicated on the White House’s website, Attorney Emhoff is The Second Gentleman.