Welcome to Friday and the 223rd legal ethics quiz.
Today, I urge readers to pause for a moment and remember Peter Hall. Judge Hall passed away yesterday morning. The Rutland Herald has the story here.
I first met Judge Hall when he was in private practice in Rutland. At the time, I was a young attorney and new to my role as the deputy disciplinary prosecutor. Back then, Judge Hall’s practice included representing lawyers under disciplinary investigation & prosecution.
I will be forever grateful for the opportunity to have had Judge Hall as opposing counsel. Unsure how to act while investigating and prosecuting fellow lawyers, I expected I’d have to be aggressive and antagonistic. Judge Hall helped me to learn that effective advocacy requires no such thing. By example, he showed me how to do my job without being a jerk and proved to me that every single one of us can do the same. In retrospect, Judge Hall’s civility, grace, and temperment make referring to him as “opposing” counsel feel inappropriate.
An exceedingly effective advocate for his clients, Judge Hall’s approach to practice will always remind me of Aesop’s Fable of The North Wind and The Sun. To me, the moral of having had the privilege to work with Judge Hall is that, even in the law,
“Gentleness and kind persuasion win where force and bluster fail.”
Like his friend Joan Wing, Judge Hall influenced my development as a lawyer and, later, guided my decision to run for a seat on the Vermont Bar Association’s Board of Managers. Reflecting today, I’m sad that two titans of the bar who so positively affected me (and many others) are no longer with us.
Lately, I’ve often noted my concern at the rise of incivility in the profession. As the Herald article notes, during his tenure on the Board of Managers, Judge Hall was instrumental in the VBA’s development and adoption of Guidelines of Professional Courtesy. We’d all be well-served to review them. Not only today, but as often as possible. To honor Judge Hall, we’d be even better served to follow his lead and practice what he preached.
- In fulfilling his or her primary duty to the client, a lawyer must be ever conscious of the broader duty to the legal system.
- A lawyer should act with candor, diligence and utmost respect.
- A lawyer should act with courtesy and cooperation, which are necessary for the efficient administration of our system of laws.
- A lawyer should act with personal dignity and professional integrity.
- Lawyers should treat each other, their clients, the opposing parties, the courts, and members of the public with courtesy and civility and conduct themselves in a professional manner at all times.
- A client has no right to demand that counsel abuse the opposite party or indulge in offensive conduct. A lawyer shall always treat adverse witnesses and parties with fairness and due consideration.
- In adversary proceedings, clients are litigants and though ill feelings may exist between clients, such ill feelings should not influence a lawyer’s conduct, attitude, or demeanor towards opposing lawyers.
- A lawyer should not harass opposing counsel or counsel’s clients.
- Lawyers should be punctual in communications with others and in honoring scheduled appearances. Neglect and tardiness are demeaning to fellow lawyers and to the legal system.
- If a fellow attorney makes a just request for cooperation, or seeks scheduling accommodation, a lawyer shall not arbitrarily or unreasonably withhold consent.
- Effective advocacy does not require antagonistic or obnoxious behavior. Lawyers should adhere to the higher standard of conduct which judges, fellow attorneys, clients, and the public may rightfully expect.
To Judge Hall.
Onto the quiz.
- 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 firstname.lastname@example.org
- I’ll post the answers & Honor Roll on Monday
- Please don’t use the “comment” feature to post your answers
- Please consider sharing the quiz with friends & colleagues
- Share on social media. Hashtag it – #fiveforfriday
A client’s failure to abide by the terms of a fee agreement:
- A, is not grounds for a lawyer to move to withdraw.
- B. permits the lawyer to move to withdraw.
- C. relives the lawyer of any obligation to continue working on the client’s matter..
- D. automatically excuses the lawyer from delivering the file.
Lawyer called me with an inquiry. My response included the following words and phrases: “knowledge,” “violation,” “substantial question,” and “honesty, trustworthiness, fitness.”
It’s most likely that Lawyer called to discuss whether to _________
- A. inform the court that a client had testified falsely in a civil matter.
- B. inform the court that a criminal defense client had testified falsely.
- C. withdraw from representing a client.
- D. report another lawyer’s misconduct.
Lawyer called me with an inquiry. I replied “here’s the rule: don’t state or imply that you’re disinterested. If the person misunderstands your role, correct the misunderstanding. If the person’s interests are likely to conflict with your client’s, don’t give the person any legal advice other than the advice to secure counsel.” Given my response, the person is most likely:
- A. Suffering from a diminished capacity.
- B. Lawyer’s client’s spouse.
- C. Paying for Lawyer to represent Lawyer’s client.
- D. Unrepresented.
Fill in the blank. Hint: it’s 2 words.
Several rules require a lawyer to receive ___________ _________. The rules define ________ _______ as “an agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.”
March 12, 1894, marked the first day that a specific product was ever sold in a bottle. Asa Candler had developed the recipe for the product and owned its rights. Candler lived in Atlanta.
In 1899, Candler sold the bottling rights to the product to Benjamin Thomas and Joseph Whitehead. Whitehead was a lawyer. Apparently, he was also a good businessman. The contract he negotiated required he and Thomas to pay only $1 and left them with the bottling rights forever. Supposedly, he and Thomas never paid Candler the $1.
I have no idea if Candler was represented in the transaction or if Whitehead took unfair advantage of an unrepresented person.
The product remains well-known to this very day. Name the product.