Monday Morning Honors #266

Michael

Happy sunny Monday!

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

Honor Roll

Answers

Question 1

This week, the ABA Standing Committee on Ethics and Professional Responsibility issued an advisory opinion in which it concluded that a lawyer who includes a client on an electronic communication to opposing counsel has:

  • A.  not impliedly consented to a “reply all.”
  • B.  impliedly consented to “reply all.”  See, this blog post.

Question 2

Which does the Vermont rule treat different from the others. 

  • A.  a certified check issued by a federally insured bank.
  • B.  a check drawn on an IOLTA account of a Vermont licensed attorney that exceeds $25,000.
  • C.  a check issued by an insurance company that is licensed to do business in Vermont that exceeds $250,000.
  • D.  a personal check that exceeds $1,000.

V.R.Pr.C. 1.15(f) prohibits a lawyer from disbursing from trust without “collected funds.”  The rule defines “collected funds” as “funds that a lawyer reasonably believes have been deposited, finally settled, and credited to the lawyer’s trust account.”

Paragraph (g) lists several instruments that a lawyer may presume constitute “collected funds” upon deposit.  Answers A, B, and C are among those listed. 

“D” is the correct answer because Rule 1.15(g)(5) only provides a safe harbor “when the deposit is a person check or checks in an aggregate amount that does not exceed $1,000 per transaction.”

Question 3

Lawyer received a letter from a former client who is not represented by counsel. In the letter, Former Client alleges that Lawyer committed malpractice.  Later, Lawyer agreed to pay, and Former Client agrees to accept, $X to resolve the claim.  By rule, before resolving the dispute, Lawyer must _______:

  • A.  Notify Disciplinary Counsel.
  • B.  Confirm the agreement in a writing that signed by the client.
  • C.  A & B.
  • D.  Advise Former Client in writing of the desirability of seeking independent legal counsel, and give Former Client a reasonable opportunity to do so.  V.R.Pr.C. 1.8(h)(2).

Question 4

When representing a client, can a lawyer ask a person other than the client to refrain from voluntarily giving relevant information to another party?

  • A.  no.
  • B.  yes, if the person is a relative of the client, and the lawyer reasonably believes that the person’s interests will not be adversely affected by giving such information.
  • C.  yes, if the person is an employee or other agent of the client, and the lawyer reasonably believes that the person’s interests will not be adversely affected by giving such information.
  • D.  B and C.  V.R.Pr.C. 3.4(f).

Question 5

In July, the State Bar of California disbarred Tom Girardi.  Earlier this week, the State Bar released a letter in which it revealed that, over the past 40 years, it had opened 205 investigations into Girardi and that “approximately 120 involved allegations related to trust account violations.” According to a news report:

  • “The State Bar noted that the handling of Tom’s disbarment ‘brought to light serious failures in the State Bar’s attorney discipline system’ which ‘have contributed to a lack of confidence in the State Bar’s ability to carry out our core responsibility of protecting the public.’

‘There is no excuse being offered here,’ the letter continued. ‘Girardi caused irreparable harm to hundreds of his clients, and the State Bar could have done more to protect the public.’

The agency also vowed to ‘never allow something like this to happen again.’”

In 1990s, Girardi helped a law clerk and residents of a California town who had complained about contaminated drinking water settle a case in which Pacific Gas & Electric agreed to pay $333 million.  

Name the movie that the case inspired:  ERIN BROKAVICH

Bonus: in 2000, Girardi, then 60, married his third wife, then 28. Name the tv show in which both she starred, and he made several appearances.  REAL HOUSEWIVES OF BEVERLY HILL.