Monday Morning Honors #231

Welcome to last Monday of the first half of the year.

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

Honor Roll

  • Karen Allen, Karen Allen Law
  • Evan BarquistMontroll, Backus & Oettinger
  • Penny Benelli, Dakin & Benelli
  • Andrew DelaneyMartin, Delaney & Ricci Law Group
  • Glenn Jarrett, Jarrett & Luitjens
  • John Leddy, McNeil, Leddy & Sheahan
  • Mick Leddy, McNeil, Leddy & Sheahan; President, Chittenden County Bar Association
  • Herb Ogden, Esq.
  • Keith RobertsDarby Kolter & Nordle
  • Jonathan Teller-Elsberg, Sheehey, Furlong & Behm
  • Rachel Trow, Shoup Evers & Green; Four-Year Law Office Study Program
  • The Honorable John Valente, Vermont Superior Judge
  • Jason Warfield, Candidate for Admission to the Vermont Bar
  • Thomas WilkinsonCozen O’Connor


Question 1

By rule, a lawyer shall not use information relating to the representation of a former client to the former client’s disadvantage.  One exception is when the information ______:

  • A.  has become generally known.  V.R.Pr.C. 1.9(c)(1).2
  • B.  is public record.
  • C.  Trick question.  There are 2 exceptions, and they are A & B.
  • D.  Trick question.  There are no exceptions.

Question 2

Consider the following:

  • must be in a writing that is signed by the client.
  • cannot be used for representing a defendant in a criminal case.
  • cannot be based on securing a divorce.

Here, we’re talking about:

  •   A.  Contingent Fees.  V.R.Pr.C. 1.5(c)
  •   B.  Flat Fees
  •  C.  An agreement to limit the scope of a representation
  •  D.  All the Above

 Question 3

There’s a rule that applies to “prospective clients.”   To qualify for the protections the rule affords, the prospective client must:

  1. Consult with the lawyer in good faith.
  2. Pay for the consultation.
  3. A & B.

This is V.R.Pr.C. 1.18.  Comment 2 explains the “good faith” requirement.

Question 4

Which is prohibited by the Rules of Professional Conduct?

  • A.  Accepting cryptocurrency as payment for legal fees.
  • B.  Accepting stock in the client’s company as payment for legal fees.
  • C.  Accepting payment of legal fees via mobile app like PayPal or Venmo.
  • D.  None of the above is a per se violation of the rules.

Question 5

Speaking of Giuliani . . .

. . . 1993, Giuliani had a cameo as himself in Seinfeld.  The episode included a fictionalized version of Giuliani’s campaign for mayor of NYC.  The plot focused on whether a restaurant had falsely marketed a particular food product as “non-fat.”  Due to a mishap caused by Kramer, a sample of Giuliani’s blood revealed high levels of cholesterol.  Giuliani, who had regularly frequented the restaurant, immediately promised voters an investigation into the potential fraud.  The controversy surrounding the falsely labeled food product swept him to victory.

Name the food product:  NON-FAT YOGURT.  Who can forget Elaine suggesting to Lloyd Braun that Mayor Dinkins run on a platform that everyone in NYC should wear nametags??  Yes, LLOYD BRAUN.

Bonus:  in 2021, Giuliani won Razzies for “Worst Supporting Actor” and “Worst Screen Combo” for his appearance in a movie.

Name the movie.  Borat Subsequent Moviefilm (aka “Borat 2”).