Monday Morning Honors & Answers: #248

Welcome to Monday!

Friday’s questions are here. Today’s answers follow the Honor Roll.

Honor Roll

  • Karen Allen, Karen Allen Law
  • Matthew Anderson, Pratt Vreeland Kennelly Martin & White
  • Penny Benelli, Dakin & Benelli
  • Alberto Bernabe, Professor, University of Illinois at Chicago Law
  • Geoffrey Bok, Esq.
  • Rich Cassidy, Rich Cassidy Law
  • Andrew Delaney, Martin Delaney & Ricci
  • Cary Dube, Bergeron, Paradis, Fitzpatrick
  • Benjamin Gould, Paul Frank + Collins
  • Robert Grundstein
  • Merle Haskins, Assistant Judge, Vermont Superior Court
  • Glenn Jarrett, Jarrett & Luitjens
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • Jeanne Kennedy, JB Kennedy Associates, Mother of the Blogger
  • John T. Leddy, McNeil Leddy Sheahan
  • Jordana Levine, Marsicovetere & Levine
  • Kevin Lumpkin, Sheehey Furlong & Behm
  • 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
  • Herb Ogden, Ogden Law
  • Lisa Penpraze, Assistant United States Trustee, Department of Justice
  • Keith Roberts, Darby Kolter & Roberts
  • Jonathan Teller-Elsberg, Sheehey Furlong & Behm
  • Jason Warfield, J.D.
  • Jack Welch, Esq.



Question 1


Attorney called me with an inquiry.  Attorney said “Mike, I represent Witness.  Lawyer represents Party.  Lawyer keeps contacting my client directly.  I asked Lawyer to stop.   Lawyer insists that the no-contact rule doesn’t apply because Witness isn’t a party. Is Lawyer right?”

What was my response?

  •   A. Yes.
  •   B. The rule is unclear.
  •   C. The rule is unclear, but, by case law, no, Lawyer is wrong.
  •   D. No. The rule is clear. It applies to any “person” who is represented in a matter.  Lawyer is wrong.  V.R.Pr.C. 4.2; See Comment [2] (“This rule applies to communication with any person who is represented by counsel concerning the matter to which the communication relates.)

 Question 2

 Attorney called me with an inquiry about funds. I listened, then replied, “You may.  But only in an amount reasonably necessary to cover reasonably expected bank fees.”

My response accurately  stated the rule.  Therefore, it’s most likely that the funds Attorney asked about belonged to ________:

  •  A. A client.
  • B. AttorneyV.R.Pr.C. 1.15(b).
  • C.  A person who is not a client but who is paying Attorney to represent a client.
  • D. A  third person who has a lien on funds that Attorney recovers for a client.

 Question 3

 Lawyer called me with an inquiry. I listened, then asked:

  • “is the criminal act going to result in substantial bodily harm to your client? Or to someone other than your client?”

Given my response, Lawyer’s inquiry related to the rule on:

  •   A. Client confidences.  V.R.Pr.C. 1.6.  When the harm will result to someone other than the actor, disclosure is mandatory.  V.R.Pr.C. 1.6(b).  When the harm will result to the actor, disclosure is permissive.  V.R.Pr.C. 1.6(c).
  •  B. Withdrawal
  •  C. Conflicts of Interest
  •  D. The Special Responsibilities of a Criminal Prosecutor

Question 4

 There are two rules that impose a duty to take “reasonable remedial” action or measures.  One is the rule on “Candor to a Tribunal.”  It requires a lawyer to take reasonable remedial measures whenever the lawyer learns that a client or witness for a client has offered false evidence, and whenever the lawyer learns that a person has engaged, is engaging, or intends to engage in criminal or fraudulent conduct related to a proceeding.

What’s the other rule address?

  •  A. Advertising.
  •  B. Conflicts involving a current client and a former client.
  •  C. Conflicts involving a current client and a prospective client.
  •   D. A lawyer’s duties when a nonlawyer assistant does something that would violate the rules if the lawyer had done it.  See, V.R.Pr.C. 5.1 and V.R.Pr.C. 5.3.

Question 5

  As history tells it, Cicero was one of the great Roman orators.  He was also a capable & competent lawyer.

Long ago, and at exactly this time of year, Cicero used all his skills to mediate a resolution between two groups: people who conspired to commit (and committed) a brutal act, and people who were supporters of the famous victim.

Shakespeare forever memorialized several lines that are associated with the brutal act.  One of those lines refers to a Roman holiday that took place this week.  The same line includes a word that is associated with the current NCAA basketball tournament.

Who was the victim?  Julius Caesar

Bonus:  what’s the line?  “Beware the Ides of March.” Julius Caesar, Act 1, Scene II

Kudos to Kevin Lumpkin for noting that I could’ve transformed the bonus into a “before and after:”  

Beware the Ides of March Madness