The 227th #fiveforfriday legal ethics quiz.

Welcome to the 227th #fiveforfriday legal ethics quiz!

This week is Well-Being Week in Law.  Each day focused on a different component of well-being. Each day, I recorded a video addressing the day’s theme.  Except for Monday, I hosted a discussion of the day’s theme at lunch, then posted a video debrief of the discussion.

The posts and videos are this week’s intro.  Check ‘em out.

Onto the quiz!

Rules

  • 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 kennedy@vermont.gov
  • 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

the-quiz

Question 1

Fill in the blank. (choices below)

By rule, a concurrent conflict of interest exists if there is ___________________ that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

  • A.   an appearance
  • B.   the potential
  • C.  a likelihood
  •  D.  a significant risk

 Question 2

Paralegal works at Firm.  Prospective Client meets with Firm to discuss potential representation.  Paralegal has conflict of interest that would preclude Paralegal from representing Prospective Client if Paralegal were a lawyer.  Which is most accurate?

  • A.  The conflict is imputed to all lawyers who work at Firm.
  • B.  The conflict is imputed, but only to lawyers with whom Paralegal works closely.
  • C.  The conflict is not imputed.
  • D.  The conflict is not imputed, but paralegal should be screened from any involvement in Prospective Client’s matter.

Question 3

At a CLE, I’m talking about “lateral transfers and whether they were involved personally and substantially.”  What specific area of the rules was I addressing?

  • A  Trust accounting.  A lateral transfer is a type of ACH transfer.
  • B.  Trust accounting. A lateral transfer is wire fraud. Personal & substantial involvement in effectuating one will expose a lawyer to criminal and disciplinary charges.
  • C.  Conflicts of interest that arise when a lawyer changes firm.
  • D.  Conflicts of interest that arise when a lawyer becomes a judge.

Question 4

Lawyer called me with an inquiry. I responded, “one of the comments to the rule indicates that the rule encompasses anyone who supervises, directs, or regularly consults with you on the matter; who has the authority to obligate your client with respect to the matter; and whose act or omission in connection with the matter may be imputed to your client for the purposes of civil or criminal liability.”

Given my response, Lawyer’s inquiry most likely related to:

  • A.  Lawyer’s duty to report a supervisor’s misconduct.
  • B.  Lawyer’s duty to report a client’s criminal conduct.
  • C.  The scope of Lawyer’s duties to maintain a client’s confidences.
  • D.  The constituents of Lawyer’s organizational client with whom opposing counsel cannot communicate absent Lawyer’s consent.

Question 5

Constitutional Law.

29 years ago today, Michigan ratified an amendment to the U.S. Constitution. At the time, many believed that Michigan was the 38th state to ratify the amendment, thus making the amendment law.  As it turns out, the amendment officially became part of the Constitution two days earlier, when Alabama ratified it on May 5.

Why the confusion?

Because the amendment was proposed in 1789.  Kentucky ratified it in 1792, but that fact was somehow lost to history until 1996.

Anyhow, it was the most recent amendment to be adopted.

What number is it?  In other words, how many amendments are there to the United States Constitution?

Hint: think about a long time focus of the Five for Friday posts.

One thought on “The 227th #fiveforfriday legal ethics quiz.

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