Five for Friday #293

Welcome to the 293^rd Five for Friday legal ethics quiz!

Very early on, I decided to document my journey through treatment with pictures. At every appointment, I’d get a photo with the person who was my main contact that day. As a result, I have dozens of pics, most of which include the fabulous nurses who work in the UVM Cancer Center’s Hematology & Oncology unit.

There are different ways to measure the success of the journey. To me, the most important is whether it is a trip marked by hope & joy, or one that gives in to fear & despair. So, I had exactly one rule for the photos: everyone MUST smile. As is evident from this group photo during last month’s graduation from chemo, everyone knew the rule:

Alas, with St. Patrick’s Day upon us, it brings me no joy to share that my first venture to the Republic of Ireland will be made with a picture that does not comply with my “smile” rule.

A few weeks ago, I stopped at the UPS Store to ship a birthday package to the First Brother.[1]  While there, I noticed that they offer passport photos. This was good news!

Why?

Because I’m supposed to have surgery in May. I intend it to go well. Therefore, I’ve made it my goal to run a marathon before the end of the year. Having never been to Ireland, the Dublin Marathon is among those I’m considering.

One problem: I don’t have a passport.

Mine expired long ago and I never bothered to renew it. My natural default would be to procrastinate, not renew it, and use that as an excuse not to sign up for Dublin. Alas, that seems inconsistent with the whole “a journey marked by hope & joy” thing.  So, I’m in the process of renewing. Getting a photo was the last step and, as I did my errands that day, I was quite excited to realize that I could get two birds with one stone at the UPS Store.

Buoyed with such excitement, beginning to imagine the countryside pubs I’d visit during a trek from Dublin to Galway, and with “I have one rule: you MUST smile” still prominently in mind, I stepped to the designated mark in front of the bleak screen with (what I imagined was) a dazzling grin.

Then, the worker paused, lowered the camera, and said something like “umm, not so big of a smile, okay?”

My friend, surely you jest!

Jesting he was not.

Apparently, smiling is disfavored in passport photos. That’s nuts! As a result, if I make the trip, the first thing I’ll do upon arriving at Shannon Airport will be to present my mugshot:

The world needs more smiles.

Whatever road you’re on, may it not only rise up to meet you, but may you travel it with a smile.  

Slainte!

Onto the quiz!

Rules

• None.  Open book, open search engine, text-a-friend.
• Exception:  Question 5.  We try to play that one honestly.
• Unless stated otherwise, the Vermont Rules of Professional Conduct apply.
• Please do not post answers as a “comment” to this post.
• E-mail answers to michael.kennedy@vermont.gov
• Team entries welcome, creative team names even more welcome.
• 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

A lawyer called me with an inquiry. I listened, then replied: “the rule states that your first duty is to try to maintain a normal attorney-client relationship with the client.”

Give my response, which is most likely?

• A.  The lawyer’s client filed a disciplinary complaint against the lawyer.
• B.  The lawyer learned that the client provided false evidence to the court.
• C.  The lawyer’s client asked the lawyer to do something that would violate the Rules of Professional Conduct.
• D.  The lawyer believes that the client’s capacity to make adequately considered decisions in connection with the representation is diminished.

Question 2

There’s a rule that prohibits a lawyer from having a sexual relationship with a client. Which of the following is/are an exception(s) to the rule?

• A.  A consensual sexual relationship existed before the attorney-client relationship was formed.
• B.  The client gives informed consent, in writing, to continuing both relationships, thereby waiving the potential conflict.
• C.  A & B.
• D.  Neither A nor B.

Question 3

Which situation does the applicable rule treat differently than the others?

• A. The representation has been rendered unreasonably difficult by the client.
• B. The representation has resulted in an unreasonable financial burden on the lawyer.
• C. Continued representation by the lawyer will result in a violation of the Rules of Professional Conduct.
• D. The client has substantially failed to fulfill an obligation to the lawyer and has been given reasonable warning of the consequences of the failure to fulfill the obligation.

Question 4

Prospective Client (PC) contacted Lawyer.  PC was seeking representation in a matter in which PC’s interests are materially adverse to the interests of one of Lawyer’s former clients.  The new matter is substantially related to the matter in which Lawyer represented Former Client (FC).  However, Lawyer does not remember anything about the representation of FC and no longer has access to the file.

Which is most accurate?

• A.  Because the matters are substantially related to each other, Lawyer is presumed to have received confidential information from Former Client.
• B.  Because the matters are substantially related to each other, Former Client will not be required to disclose confidences in order to protect them.
• C.  A & B.
• D.  Whether Lawyer can represent Prospective Client necessarily turns on how long ago the representation of Former Client ended.

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 had conspired to commit murder, and people who were supporters of the famous victim.

Who was the victim?

Bonus: As history also tells it, before the crime took place, what warning did the victim receive from a “soothsayer?”

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[1] Shipping date was March 4. His birthday was February 15.  It’s the thought that counts.