Monday Morning Honors #296

Happy Monday!

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

• Karen Allen, Karen Allen Law
• Penny Benelli, Dakin & Benelli
• Alberto Bernabe, Law Professor, UIC Law
• The Currency Counselors, Office of the State Treasurer, General Counsel’s Office
• Robert Grundstein
• Margo Howland, Esq.
• Glenn Jarrett, Jarrett/Hoyt
• Douglas Keehn, Assistant Attorney General, Medicaid Fraud & Residential Abuse Unit
• Mark Kolter, Darby Kolter & Roberts
• Elizabeth Kruska, Former President, Vermont Bar Association
• Jordana Levine, Marsicovetere & Levine
• Jeffrey Messina, Flynn Messina
• Patrick Olmstead, Patrick Olmstead Law
• Keith Roberts, Darby Kolter & Roberts
• Jim Runcie, Ouimette & Runcie
• Jonathan Teller-Elsberg, Staff Attorney, New Hampshire Legal Assistance
• Brendan Walsh, Quantum Leap Capital
• Jason Warfield, Jason Warfield Family Law & Mediation
• Thomas Wilkinson, Jr., Cozen O’Connor

ANSWERS

Question 1

Here’s language from a rule that relates to one of the 7 Cs of Legal Ethics:

“The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.”

The language is the first of four requirements that must be met before a lawyer can __________:

• A.  Represent a client despite a concurrent conflict of interest.  See, V.R.Pr.C. 1.7(b)(1).
• B.  Disclose otherwise confidential information.
• C.  Undertake representation in a subject matter area that is new to the lawyer.
• D.  Choose not to communicate to the client information that would otherwise assist the client to make an informed decision about to the representation.

Questions 2

Fill in the blank. Choices are below and the same word correctly fills each blank.

There’s a rule that sets out a lawyer’s duties when dealing on behalf of a client with a person who is ___________.  Per the rule, a lawyer “shall not state or imply that the lawyer is disinterested.”  A comment to the rule states that “An ___________ person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even though the lawyer represents a client.”

What’s the word?

• A.  Incapacitated.
• B.  Represented.
• C.  Unrepresented.  V.R.Pr.C. 4.3, Comment [1].
• D.  Adverse.

Question 3

This came up in an inquiry I received this week.

A supervisory lawyer will be responsible for another lawyer’s misconduct __________:

• A.  Never.
• B.  If the supervisory lawyer orders or ratifies the misconduct.
• C.  If the supervisory lawyer knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
• D.  B & C.  See, V.R.Pr.C. 5.1.

Question 4

Speaking of remedial action and the & 7 Cs of legal ethics . . .

. . . each situation below likely requires action by the lawyer. However, of the “C” rules, only one includes language that specifically requires a lawyer to take “reasonable remedial measures” in response to specified conduct by a client or witness.  Which C, and what is the conduct, stated in the rule, that requires “reasonable remedial measures?”

• A.  Confidentiality.  The client or witness informed the lawyer that they used impermissible or illegal methods to obtain evidence from an opposing party.
• B.  Candor.  The client or witness offered material evidence that the lawyer comes to learn is false.  V.R.Pr.C. 3.3(a) (3).
• C.  Commingling.  The lawyer comes to learn that the client or witness used the lawyer’s trust account to hide funds from creditors. 
• D.  Conflicts.  The lawyer comes to learn that the client or witness met with another lawyer for no reason other than to disqualify the lawyer from representing the opposing party.

Question 5

Background: a category in Jeopardy a few nights ago was “the original language.” For example, a clue was “The Aeneid.”  The correct response was “What is Latin?”  Also, in Vermont, the unauthorized practice of law violates Rule 5.5 of the Vermont Rules of Professional Conduct.

In the intro, I referred to a motion for sanctions filed against an attorney representing Elon Musk in a civil case that is pending in Texas. I mentioned that the motion alleges the lawyer engaged in uncivil conduct during a deposition.  What I didn’t mention is that the motion also argues that Musk’s lawyer engaged in the unauthorized practice of law by appearing at the deposition (and filing pleadings) before being admitted to practice in Texas.  Specifically, the motion argues that the lawyer failed to secure a type of admission that, as far as I know, every U.S. jurisdiction uses a Latin term to describe. 

What’s the Latin term for the type of admission to practice that Musk’s lawyer allegedly failed to secure?

PRO HAC VICE

Bonus: what’s the literal English translation?

A variety of answers are generally correct.  According to my research, the literal translation is “for this turn.”