Five for Friday #229

Welcome to Friday and the 229th #fiveforfriday legal ethics quiz!

Today is National Road Trip Day, National Don’t Fry Day, and National Cooler Day.  I plan to honor each this weekend.

Tomorrow, I’m making a road trip to Schenectady to run Sunday’s Miles on the Mohawk Marathon.  The race day forecast calls for clouds, a chance of light rain, and temperatures in the high 40’s and low 50’s. Not only perfect marathoning weather, but perfect weather for my skin and bald head not to burn, which is the exact issue – overexposure to the sun – about which National Don’t Fry Day intends to raise awareness.

Upon finishing, I’ll hop back in the car and drive to Lake Dunmore where the First Brother is camping this weekend.  Now, today is also National Brisket Day and National Burger Day.  Nobody makes better brisket than my brother, but he’s not bringing his smoker to the campground. Perhaps we’ll have burgers instead.  Regardless, our cooler will remain within easy reach as we sit by the fire Sunday night.

Like mine, I hope your long weekend includes activities that, while legal, have nothing to do with the law or practice thereof.  Enjoy!

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 michael.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

Question 1

There’s a rule that prohibits a lawyer from communicating about the subject of the representation with a person that the lawyer knows is represented by another lawyer in the matter.

Which is NOT an exception to the prohibition?

  •   A.  The other lawyer consents to the communication.
  •   B.  The communication is authorized by law.
  •   C.  The represented person initiates the communication.
  •   D.  Trick Question.  A, B, and C are the 3 exceptions to the rule.

Question 2

Attorney called me with an inquiry. I listened, then replied, “yes, but only in an amount reasonably necessary for the purpose” allowed by the rule.  You may assume that my response accurately (and exactly) quoted the rule.

Given my response, Attorney asked whether the rules permit Attorney to:

  •  A.  review an adverse party’s social media platforms.
  •  B.  deposit Attorney’s own money into a client trust account.
  •  C.  engage in ex parte communications with jurors post-trial.
  •  D.  take time off to relax.

Question 3

Communication is one of the 7 Cs of legal ethics.

Several rules require a lawyer to secure a client or former client’s ___________  __________ before acting.   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.”

The quoted language is the definition of what phrase?

Question 4

This is a tough one.  While self-reporting might be advisable in response to each, which is the only event that a lawyer is specifically rto self-report?

  • A.  trust account overdrafts.
  • B.  adverse malpractice judgements.
  • C.  discipline imposed in another jurisdiction.
  • D.  criminal convictions.

 Question 5

Looking through the list of notable events to have occurred on May 28 in history, two are related to the law, share a connection, and remind of my mother.

On or about May 28, 1431, this person was captured while wearing men’s clothing.  Having been convicted of wearing men’s clothing earlier in the same year, the person was charged with heresy and with being a witch.  The person was convicted, sentenced to death, and executed on May 30.

Nearly 500 years later, on May 28, 1923, the United States Attorney General announced that it was legal for women to wear trousers in public.  Yes, the United States Attorney General actually had to make such an announcement.

Sidebar: today is my mother’s youngest sister’s birthday.  Shockingly, Aunt Helen Anne’s birthday is not on today’s list of historical events! Happy birthday AHAB!!!

Anyhow, who was executed as a heretic and witch on this weekend in 1431?

Your hint (and reason I was reminded of my mother): my mom’s maiden name is Jeanne Bonneau.

the-quiz

One thought on “Five for Friday #229

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