Five for Friday #303

Happy Friday!  And welcome to the 303^rd legal ethics quiz.

Today is National Doughnut Day. I did my part to get into the spirit, opting for a Maple Cream Filled when I dropped into Dunkin on my morning walk, then gladly following it up with the Maple Frosted that my mom surprised me with on the way home from her walk to the same Dunkin.  Thanks Mom!

If you haven’t already, join the celebration!  From a wellness perspective, I guarantee you that one measly doughnut ain’t gonna hurt.

In other news, other than Monday’s Honor Roll and answers, this will be my last post for a while.  Soon, I’ll have Whipple surgery.[1] I’m taking time off before and after. 

If you know anything about pancreatic cancer, you know I’m incredibly fortunate to make it to the point where the surgery is possible. So many people helped me get here. Obviously, my family and friends played a huge role, as did the phenomenal providers at UVM Cancer Center.

But so did Vermont’s legal community.  The texts, notes, calls, visits, vibes, thoughts, prayers, and gifts that you sent made a difference. They provided inspiration and hope.  Every single one mattered. 

Thank you!

Like the doughnut I suggested you partake of today, this “thank you” is measly.  Especially in comparison to your generosity & thoughtfulness.

But I promise that it comes from my heart.  And neither my head nor heart will ever forget your outpouring of love and support.

Mike

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

Here’s one of the comments to a rule.  With the 7 Cs of Legal Ethics in mind, what word properly fills in the blank?

• “Reasonable __________ between the lawyer and the client is necessary for the client effectively to participate in the representation.”

Question 2

Which rule(s) are relaxed when a lawyer participates in a pro bono clinic sponsored by a court or non-profit?

• A.   The confidentiality rule.
• B.    The rule that requires a lawyer to provide competent representation.
• C.    The rules on conflicts of interest.
• D.    B & C.

Question 3

Here’s a rule:

• “A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.”

Lawyer called me with an inquiry.  There was no doubt Lawyer had a conflict under the rule.  However, Lawyer asked “Mike, isn’t there an exception because I don’t remember anything about the former client’s matter, and I don’t have the file anymore?”   Most likely, I responded:

• A.  No. We won’t force the former client to disclose a confidence to protect it. Still a conflict.
• B.  Yes. If it is objectively reasonable to conclude that you have no recollection of the former matter, then the exception applies, and the conflict is waived.

Question 4

There’s a rule that requires a lawyer to maintain “records documenting timely notice to each client” of ______________________:

• A.   all receipts & disbursements from trust that involve the client’s funds.
• B.   whether the lawyer has liability/malpractice insurance.
• C.   whether the lawyer has a succession plan that will take effect if the lawyer becomes incapacitated.
• D.   any discipline imposed against the lawyer’s law license.

Question 5

A disbarred lawyer was a key witness in a recent criminal trial that drew significant media attention.

During closing argument, defense counsel described the witness as “the GLOAT – literally the Greatest Liar Of All-Time.”  The prosecution countered that case was about the defendant, not the witness, and that they should view the witness as more of a “tour guide” than someone whose testimony would make or break the case.

Name the disbarred lawyer who served as the witness.

Bonus: the lawyer was disbarred in 2019 after being convicted of what federal crime?

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[1] To increase the likelihood of a negative margin, and thereby decrease the odds of recurrence, surgery will include having a CivaSheet implanted. It works like this. The CivaSheet is relatively new to the treatment of pancreatic cancer, but early signs are quite promising.