Monday Morning Honors #229

Happy Memorial Day.

Friday’s questions are here.  The answers follow today’s Honor Roll.

Honor Roll

  • Karen Allen, Karen Allen Law
  • Janis Barquist
  • Penny Benelli, Dakin & Benelli
  • Geoffrey Bok, Esq.
  • Teri Corsones, Executive Director, Vermont Bar Association
  • Andrew DelaneyMartin, Delaney & Ricci Law Group
  • Heather Devine, Costello Valente & Gentry
  • Jennifer Emens-Butler, Director of Communication & Education, Vermont Bar Association
  • Benjamin Gould, Paul Frank + Collins
  • Anthony Iarrapino, Wilschek & Iarappino
  • Glenn Jarrett, Jarrett & Luitjens
  • Deborah Kirchwey, Law Office of Deborah Kirchwey
  • Jeanne Kennedy, JB Kennedy Associates, Blogger’s Mom
  • Elizabeth Kruska, President, Vermont Bar Association
  • John Leddy, McNeil Leddy & Sheahan
  • Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
  • Hal Miller, First American Title Insurance, Hawaii Agency State Counsel
  • Keith RobertsDarby Kolter & Nordle
  • Jim Runcie, Ouimette & Runcie
  • Brice Simon, Breton & Simon
  • Jay Spitzen, Esq.
  • Jonathan Teller-Elsberg, Sheehey Furlong & Behm
  • The Honorable John Valente, Vermont Superior Judge
  • Jack Welch, Esq.
  • Jason Warfield, Candidate for Admission to the Vermont Bar


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. V.R.Pr.C. 4.2, Cmt. [3].
  •   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.” 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.  V.R.Pr.C. 1.15(b).
  •  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, by rule, a Vermont lawyer is required  to self-report?

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

V.R.Pr.C. 8.3 imposes a duty to report “another lawyer.”  So, generally, there’s no duty to self-report violatios of the Rules of Professional Conduct.  However, per Rule 20(A) of Supreme Court Administrative Order 9, a lawyer who is admitted in Vermont and who is disciplined in another jurisdiction must promptly inform disciplinary counsel.

 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 reminded 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.  Startlingly, 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.


Joan of Arc

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