Monday Morning Honors #237

Happy Monday.

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

Honor Roll

  • Karen Allen, Karen Allen Law
  • Matthew Anderson, Pratt Vreeland Kennelly Martin & White
  • Evan Barquist, Montroll Oettinger & Barquist
  • Penny Benelli, Dakin & Benelli
  • Alberto Bernabe, Professor of Law, University of Illinois Chicago
  • Andrew Delaney, Martin Delaney & Ricci
  • Benjamin Gould, Paul Frank + Collins
  • Robert Grundstein
  • Glenn Jarrett, Jarrett & Luitjens
  • Deb Kirchwey, Law Office of Deborah Kirchwey
  • Jeanne Kennedy, JB Kennedy Associates, Mother of the Blogger
  • John Leddy, McNeil, Leddy & Sheahan
  • Pam Loginsky, Deputy Prosecutor, Pierce County (WA) Prosecutor’s Office
  • Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
  • Jeffrey Messina, Messina Law
  • Hal Miller, First American Title Insurance, Hawaii Agency State Counsel
  • Keith Roberts, Darby Kolter & Roberts
  • Jonathan Teller-Elsberg, Sheehey Furlong & Behm
  • The Honorable John Valente, Vermont Superior Judge
  • Jason Warfield, Esq.
  • Jack Welch, Esq.
  • Thomas Wilkinson, Cozen O’Connor
  • Zachary York, Legal Assistant, Sheehey Furlong & Behm

 Answers

Question 1

 I often blog and talk about the 7 Cs of Legal Ethics.

With respect to one of the Cs, a comment indicates that the applicable rule “sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process.”

Which C?

CANDOR TO A TRIBUNAL.  V.R.Pr.C. 3.3, Cmt. [2]

Question 2

Which involves a different rule than the others?

  • A.  don’t state or imply that you’re disinterested.
  • B.  the new matter is the same as or substantially related to the matter in which you represented the person.
  • C.  if the person misunderstands your role, correct the misunderstanding.
  • D.  if the person’s interests are likely to conflict with your client’s, don’t give the person any legal advice other than the advice to secure counsel.

 B is the correct answer because it is part of Rule 1.9(a)’s analysis of former client conflicts.  A, C, and D are part of Rule 4.3’s duties when dealing when an unrepresented person.

 Question 3

 There’s a rule that prohibits lawyers from making false or misleading statements about their services.

Can truthful statements that are misleading violate the rule?

  • A.  No.  Truth is an absolute defense, no matter how misleading it might be.
  • B.  Yes, if they omit a fact that is necessary to make the statement considered as a whole not materially misleading.

 V.R.Pr.C. 4.1.

Question 4

There’s a rule that includes an exception for an “insurance company . . . licensed to do business in the Vermont.”  This week, a lawyer emailed to ask me if I thought a particular company qualified as an “insurance company” and, therefore, that the exception applied.

The rule in question deals with:

  • A.  Safekeeping Property/Trust Accounting
  • B.  Conflicts of Interest
  • C.  Communicating with a represented person
  • D.  The Unauthorized Practice of Law

V.R.Pr.C. 1.15(f) prohibits lawyers from disbursing from trust without “collected funds.”  The exception in V.R.Pr.C. 1.15(g)(5) allows lawyers to disburse in reliance upon the deposit of a check issued by an insurance company that is licensed to do business in Vermont.

 Question 5

 In the intro I mentioned candy, intellectual property, and trademark infringement suits.

In late August, a California cookie company filed a trademark suit against a candy maker.  The lawsuit focuses on the shape of one the candy maker’s most famous products.  While most of us know the product as a tiny treat, the largest ever made weighed in at 30,540 pounds. Created in 2007, it was displayed in Pennsylvania to celebrate the candy maker’s 100th anniversary.

Name the candy maker and the product that is the subject of the trademark suit.

Hershey’s Kisses.   Lancaster Online and Lexology are among the outlets reporting the story.

Hershey Kiss