Monday Morning Honors #295

Michael 2 Comments

Happy Boston Marathon Day!  Good luck to all runners, including Vermont lawyer Tim Noonan!

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

A HUGE thank you to all the readers who sent tips on making the perfect grilled cheese sandwich. I received so many that I think Wednesday might require a wellness post that features the suggestions. 

Honor Roll

ANSWERS

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.  V.R.Pr.C. 1.5(b).
  • 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.  See this blog post.
  • 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.  See, V.R.Pr.C. 1.10, Cmt. [4].
  • 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.  See, V.R.Pr.C. 1.7, Cmt. [21].
  • 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 these pictures 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.

Marcia Clark & Johnnie Cochran.

2 thoughts on “Monday Morning Honors #295”

  1. Here is a fun fact for you based upon the question in #5: Christopher Darden (remember him? He was Marcia Clark’s #2) ran for judge in LA County this past March. He came in 2nd with 31% of the vote. The #1 candidate had 57%, so she won the slot. He was rated Well Qualified by the Bar Association. Janis

    Like

    Reply

  2. It is Patriot’s Day 😊 would that anyone remembers.

    Concord Hymn
    BY RALPH WALDO EMERSONhttps://www.poetryfoundation.org/poets/ralph-waldo-emerson
    Sung at the Completion of the Battle Monument, July 4, 1837
    By the rude bridge that arched the flood,
    Their flag to April’s breeze unfurled,
    Here once the embattled farmers stood
    And fired the shot heard round the world.

    The foe long since in silence slept;
    Alike the conqueror silent sleeps;
    And Time the ruined bridge has swept
    Down the dark stream which seaward creeps.

    On this green bank, by this soft stream,
    We set today a votive stone;
    That memory may their deed redeem,
    When, like our sires, our sons are gone.

    Spirit, that made those heroes dare
    To die, and leave their children free,
    Bid Time and Nature gently spare
    The shaft we raise to them and thee.

    ·
    ·
    ·
    ·

    [cid:41C19A75-A918-461D-98D9-63828C4354A7@local]
    Deborah T. Bucknam, Esq.
    Bucknam Law, PC
    434 Eastman Road
    Walden, VT 05836
    (802) 748-5525 ext 101
    (802) 748-4888 fax
    http://www.vtlegalhelp.comhttp://www.vtlegalhelp.com/

    Litigation Practice in all courts and agencies: Civil Rights * Family * Probate * Business & Commercial * Property & Land Use * Government * Personal Injury* Wrongful Death*

    CONFIDENTIAL: This e-mail and any and all attachments are confidential and privileged information and intended solely for the individual or entities to which this is addressed. If you are not the addressee of this message nor are the person responsible for the delivery of this e-mail to the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please notify the sender by using the “reply” feature or call at (802) 748-5525 and promptly destroy or delete the email and any and all attachments contained. Thank you for your help.

    Like

    Reply

Leave a comment