Five for Friday #243

Welcome to Friday and the 243rd #fiveforfriday legal ethics quiz!

Wait . . . the Friday post is the only connection I have with many of you, and this is the first of 2022.  

So, should I have opened with “Happy New Year?” 

If so, I apologize.  I never know where the line is between a good-natured greeting and “hey weirdo, it’s not a new year anymore.”  Where’s the cutoff?  When is past time to open each conversation with New Year’s wishes?  Readers should feel free to weigh-in.  

Next, come Monday, I hope to present the answers in a new format. It’s either going to be by video or podcast.  I think this will provide an opportunity to drill deeper into the issues that the questions are intended to highlight.  Further, I’m going to include the First Brother as my guest.  He’s not a lawyer, but he’s a potential consumer of legal services.  And that’s the point.  There’s value in the non-lawyer perspective on rules that are intended to protect clients.

Finally, I should make a half-hearted effort to honor tradition and attempt to tie this introduction to the quiz number.

With 243 in mind, I’m struck by the fact that, but for Omicron, many of us would about now be departing for Montreal and the YLD Thaw. There’s a lot about the event that I will miss, including the epic CLE that Andrew Manitsky and I were scheduled to present, the camaraderie that’s always part of the weekend, and the VBA’s annual Friday-night takeover of Hurley’s.

I will not miss high temperatures of 2 with wind chills plummeting towards 43 below.

Onto the quiz!

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 consider sharing the quiz with friends & colleagues
  • Share on social media.  Hashtag it – #fiveforfriday

Question 1

 Imagine a CLE at which I address the distinction between “public record” and “generally known.”

Which 2 of the 7 Cs of Legal Ethics am I most likely to mention?

  • A.  Conflicts & Communication.
  • B   Conflicts & Confidentiality.
  • C.  Confidentiality & Commingling.
  • D.  Confidentiality & Candor.

Question 2

 Office employs Paralegal.  In a new matter, Paralegal has a conflict that would prohibit Paralegal from accepting the representation if Paralegal were a lawyer.  Which is most accurate?

  • A.  Paralegal’s conflict is imputed to all lawyers in Office and Office must decline the representation.
  • B.  Paralegal’s conflict is imputed, but only to any lawyer at Office who regularly supervises Paralegal.
  • C.  A comment to one of the rules indicates that while Paralegal’s conflict is not imputed to any lawyer at Office, Paralegal should be screened from involvement in the new matter.
  • D.  Fake question. In Vermont, conflicts are not imputed from one lawyer to others in the same office, and they certainly aren’t imputed from non-lawyers to lawyers.

 Question 3

 Lawyer referred Client to Attorney.  Lawyer and Attorney do not work in the same firm.  Can Attorney share part of the fee with Lawyer?

  • A. No.
  • B.  Yes, if the fee division is in proportion to the work done by each, or, each assumes joint responsibility for the representation.
  • C.  Yes, if Client agrees, the fee sharing agreement is confirmed in writing, and the total fee is reasonable.
  • D.  B & C.

Question 4

 Client contacts Lawyer. Client explains that they are represented by Attorney in a matter.  Client wants a second opinion.   Lawyer is not otherwise involved in the matter.

True or False?

Vermont’s rule prohibits Lawyer from communicating with Client about the matter without Attorney’s consent.

Question 5

A famous jurist made headlines this week for donating $5 million to her law school to fund scholarships – full tuition and books – for 10 women.  In addition, upon completing their first year of law school, each scholarship recipient will receive an offer of a summer fellowship with the jurist.

The jurist’s granddaughter, Sarah Rose, is currently a 3L at the same law school.  Sarah also works as a law clerk for her grandmother on their latest streaming venture.

Name the jurist.

Bonus – name the law school.

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