Five for Friday #295

Welcome to the 295^th Five for Friday legal ethics quiz!

Today is National Grilled Cheese Sandwich Day. There’s no question that I’ll celebrate the occasion.  The only question is this: with the duty of competence in mind, what’s the proper way, both procedurally and substantively, to make a grilled cheese sandwich?

In my mind, there are 2 procedural options.

1. Make the sandwich first.  Historically, this is how I’ve prepared grilled cheese sandwiches. I butter the outside of each piece of bread, make the sandwich, then grill it as completed sandwich. Alas, and as my bread video made clear, I lack culinary skill.  And I use the singular on purpose – I do not have a single culinary skill.  So, the trouble I run into with this method is “the flip.” Cheese and any other fixings I’ve included tend to spill into the frying pan. [1]  In an effort to combat spillage, I’ve pressed (very hard) on the sandwich with a spatula.  I don’t like doing that. I feel like a squished-up sandwich ruins the presentation.
2. The sandwich doesn’t come together until the end.  To address spillage, I’ve tried this method. I grill each piece of bread at the same time. As they grill, I add the cheese and other ingredients to one of the pieces.  Then, when everything looks ready, I remove both pieces of bread from the pan, “close” the sandwich, and eat it.  The struggle I face here is getting the cheese to melt before the bread burns.  I don’t quite understand the science behind it, but my sense is that the compression caused by the literal sandwich in Option 1 helps the cheese to melt quicker than it does when using Option 2’s open-face method.

I suppose there are other methods.  If so, they’re likely too complicated to be worth it.

Substantively, I’m kind of set in my ways.

• Bread: Italian, sourdough, or a hamburger bun.
• Cheese: pepperjack.

I don’t mind eating it bare. However, I usually add fixings. My go-to add-ons are black pepper, pickles, and honey mustard sauce. I also allow onions, bacon, tomato, and barbecue sauce.

So there you have it.  Competent?  Let me know.

By the way, before I realized it was National Grilled Cheese Sandwich Day, I considered writing about the castaways who were rescued from a Pacific Island after using palm leaves to spell “HELP” on the beach.  I’m sure many of you why the story intrigued me.  Especially those of you who are roughly my age. 

The story is straight out of Gilligan’s Island! 

Remember when they spelled “SOS” on the beach only to have Gilligan catch fire and accidentally change it to “SOL?”  The episode’s Wiki is here.  Last week I got to write about Get Smart and The Cone of Silence, this week Gilligan’s Island. Somewhere, 9-year-old me who grew up on reruns is smiling.

Anyhow, I wondered if maybe there had been a Gilligan’s Island episode that featured grilled cheese sandwiches.  I found no evidence that such an episode exists. However, guess what I did find?

A restaurant named Grilligan’s Island that specializes in – you guessed it – grilled cheese sandwiches!

Lakeport, CA, here I come!

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@vtcourts.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

By rule, what is required to be “communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation?”

• A.  Whether the lawyer has malpractice insurance and, if so, the policy limits.
• B.  Whether the lawyer has designated a successor to review and triage files if the lawyer becomes incapacitated during the representation.
• C.  The basis or rate of the lawyer’s fee, and expenses for which the client will be responsible, except when the lawyer will charge a regularly represented client on the same basis or rate.
• D.  All the above.

Question 2

Which is NOT an exception to the duty not to disclose information relating to the representation of a client.

• A.  To respond to a negative online review left by a former client.
• B.  To secure legal advice about compliance with the ethics rules.
• C.  To make an inquiry of bar counsel about the representation.
• D.  To detect conflicts of interest when considering new employment.

Question 3

Vermont has a rule that imputes certain types of a lawyer’s conflicts to all other lawyers in the same firm.  Does the rule impute a paralegal’s conflict to other lawyers in the same firm?

• A.  Yes, and the firm must decline the representation.
• B.  No, but the paralegal should be screened from involvement in the new matter.
• C.  Yes, but only to any lawyer who supervises the paralegal.

Question 4

Do Vermont’s rules on conflicts of interest allow a client to consent to waive a conflict that might arise in the future?

• A.   No.
• B.   Yes.  The advance waiver is subject to the same test as any other conflict waiver.
• C.   Yes, but only if the client is a “sophisticated client.”
• D.   Yes, but only if the client is a “sophisticated client” who has previously retained the lawyer in other matters.

Question 5

The people in the pictures below are Sarah Paulson and Courtney Vance.  The pictures are stills from a documentary in which each portrayed a lawyer who was involved in the OJ Simpson criminal trial.

Talk about competence!

In 2018, each won an Emmy Award for their work in the documentary.   Name the lawyers that each played.

 

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[1] Note – I bought a new stove in December. It has a griddle built-in to the stovetop.  I’ve used it to make grilled cheese sandwiches a few times. I prefer the frying pan method.