Welcome to Monday.
Friday’s questions are here. The answers follow today’s Honor Roll.
- Karen Allen, Karen Allen Law
- Evan Barquist, Montroll, Backus & Oettinger
- Penny Benelli, Dakin & Benelli
- Andrew Delaney, Martin, Delaney & Ricci Law Group
- Glenn Jarrett, Jarrett & Luitjens
- John Leddy, McNeil Leddy & Sheahan
- Pam Loginsky, Washington Association of Prosecuting Attorneys
- Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
- Jeff Messina, Bergeron, Paradis, Fitzpatrick
- Hal Miller, First American Title Insurance, Hawaii Agency State Counsel
- Herb Ogden, Esq.
- Keith Roberts, Darby Kolter & Nordle
- Jim Runcie, Ouimette & Runcie
- The Honorable John Valente, Vermont Superior Judge
- Zachary York, Legal Assistant, Sheehey Furlong & Behm
Questions 1 & 2
Everyone knows I often mention the 7 Cs of Legal Ethics. Earlier this week, I spoke with student-clinicians at Vermont Law School’s South Royalton Legal Clinic. Their quiz on the 7 Cs included this question:
- “Let’s imagine that upon passing the bar you accept a job with a state agency. Your first assignment is familiar: it involves a matter you worked on while in the clinic. Which 2 Cs of legal ethics jump to mind?”
The scenario is a variation of a scenario that can, and often does, confront any lawyer. So, Friday readers have the same task: identify the 2 Cs of Legal Ethics implicated by the scenario.
Conflicts of Interest and Confidentiality
Your office employs Non-Lawyer. In a new matter, Non-Lawyer has a conflict that, if Non-Lawyer were a lawyer, would prohibit Non-Lawyer from accepting the representation. Which is most accurate?
- A. Non-Lawyer’s conflict is imputed to all lawyers in the office and the office must decline the representation.
- B. Non-Lawyer’s conflict is imputed, but only to any lawyer in the office who regularly supervises Non-Lawyer.
- C. A comment to one of the rules indicates that while Non-Lawyer’s conflict is not imputed to any lawyer in the office, Non-Lawyer should be screened from involvement in the new matter. See, V.R.Pr.C. 1.10, Cmt. 
- D. Imputation depends on whether the matter is transactional or involves potential litigation.
Last week, I presented to members of the Vermont Association for Justice. My topic was professional responsibility and “The Golden Rule.” What was the focus of the discussion?
- The rule that prohibits unreasonable fees.
- Trust Account Management/Bookkeeping
- The advertising rules.
- Closing arguments and the general prohibition on asking jurors to put themselves in the shoes of the victim or a witness.
I often urge lawyers not to share any details of client matters, even if doing so doesn’t violate the prohibition on disclosing information relating to the representation of a client.
Reginald Haupt is a lawyer in Georgia. In 1982, he was suspended from practice for 6 months for commingling. In 2006, he was convicted of securities fraud and sentenced to 4 years in prison.
In the 1970’s, Haupt represented a client who owned a golf course that was frequented by members of the Chicago mafia. Last month, Haupt made headlines by divulging to the media that, long ago, his former client told him that members of the Chicago mafia “delivered a package” to the golf course. According to Haupt, the “package” was the dead body of a famous missing person who, to this day, remains buried on the course.
James Hoffa. You can read the story at Golf Digest.