Five for Friday #260

Welcome to Friday and the 260th #fiveforfriday legal ethics quiz!

I suppose I could concoct an intro that involves 260 or 8/26.  Alas, that would require effort, an ingredient not exactly coursing through my veins this morning.  I’m posting from the shores of Lake Dunmore, enjoying coffee and the late stages of the sunrise.  Putting too much effort into an intro seems inconsistent with the vibe, especially a mere 48 hours removed from my post Don’t Stresslax.

So, instead, I’ll use this space to wish fare winds and a following sea to The First Brother. Tonight is his last in Vermont, as tomorrow he officially sets out for Savannah, where adventure and temperate winters await. He closed on his Vermont place Monday and has spent the week here at Dunmore, resting before pulling his camper south.  While I will miss him, I’m happy for him and look forward to posting January and February quizzes from the new abode.

As I blogged the prior paragraph, a bit of effort entered by body. 

According to my research, it’s 1084.6 miles from Burlington to Savannah.  The First Brother’s condo was slightly south of downtown, so let’s call his upcoming trek 1084 miles.

260 + 826 = 1084.

To the First Brother!

Onto the quiz!

Rules

  • None.  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

Of the 7Cs of Legal Ethics, which specifically mentions “information related to the representation” in the rule that governs that C?

Question 2

Yesterday I blogged about an order in which a New York trial judge sanctioned lawyers for uncivil and obstructive conduct during a deposition. 

Let’s imagine a similar incident involving a deposition that’s taken in a Vermont matter.  One of Vermont’s Rules of Professional Conduct makes it a violation for a lawyer to “engage in undignified or discourteous conduct which is degrading or disruptive to a tribunal.” 

Does the rule apply at a deposition?

  • A.           No.  A comment to the rule specifically leaves control of depositions to the trial courts.
  • B.           No, but a comment to the rule cautions lawyers against conduct that would be prohibited in court.
  • C.           Yes.

Question 3

Fill in the blank.  The same word goes in each blank.  What is it?

There’s a rule that sets out a lawyer’s duties when dealing with an __________ person.  The duties include not stating or implying that the lawyer is “disinterested,” and correcting any misunderstanding that the lawyer knows or reasonably should know that the __________ person has about the lawyer’s role.  A comment to the rule states that the “rule does not prohibit a lawyer from negotiating terms of a transaction or settling a dispute with the __________ person.”

Question 4

Lawyer called me with an inquiry.  I listened, then responded that “a comment to the rule, states that ‘matters are substantially related if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client’s position in the new matter.’”

Lawyer didn’t contact me to discuss confidentiality.  Rather, given my response, Lawyer contacted me because Lawyer was concerned about, what?

Question 5

When the First Brother arrives in Savannah, he’ll be just over 200 miles southeast of Monticello, GA.  A movie that the American Bar Association has ranked as one of the Top 3 of all-time was filmed in Monticello. 

While most fans associate the movie with a neighboring state and its mud, in fact, the convenience store and courthouse that feature so prominently in the film are in Georgia.  In 2019, then federal judge Merrick Garland wrote an opinion in which he made numerous references to the movie, including a statement that the lead character “taught a master class in cross-examination.”

Name the movie.

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