Happy Monday!
Friday’s questions are here. The answers follow this week’s Honor Roll.
Remember: that thing that you think is too hard or that you can’t do? It isn’t! And you can!
Honor Roll
- Evan Barquist, Montroll Oettinger Barquist
- Penny Benelli, Dakin & Benelli
- The Currency Counselors, General Counsel’s Office, Office of the State Treasurer
- Beth DeBernardi, Administrative Law Judge, Vermont Department of Labor
- Andrew Delaney, Martin Delaney & Ricci Law Group
- Mike Donofrio, Stris Maher
- Benjamin Gould, Paul Frank + Collins
- Robert Grundstein
- Margo Howland, Esq.
- Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
- Jeanne Kennedy, Blogger’s Mother
- Patrick Kennedy, The First Brother
- Jordana Levine, Marsicovetere & Levine Law Group
- John T. Leddy, McNeil Leddy & Sheahan
- Samantha Lednicky, Catamount Law
- Kevin A. Lumpkin, Sheehey Furlong & Behm
- Honorable Pamela Marsh, Vermont Probate Judge
- Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
- Jeffrey Messina, Flynn Messina
- Hal Miller, Hawaii State Counsel, First American Title
- Joseph A. Strain, Marsicovetere & Levine Law Group
- Jonathan Teller-Elsberg, Staff Attorney, New Hampshire Legal Assistance
- Jason Warfield, Jason Warfield Family Law & Mediation
- Lynn Wdowiak, RP, Ryan Smith & Carbine
ANSWERS
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 COMMUNICATION 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. See, V.R.Pr.C. 6.5. A lawyer only has a conflict at the clinic if the lawyer KNOWS that it’d be a conflict to assist the client. Further, if the lawyer represents someone at the clinic who, unbeknownst to the lawyer, is adverse to a client of another lawyer in the same firm, the lawyer’s participation as a volunteer does not violate the rule on imputed 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. See this blog post.
- 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. V.R.Pr.C. 1.15A(a)(3).
- 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 jurors 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?
Michael Cohen was disbarred in New York after pleading guilty to, among other crimes, making false statements to Congress in violation of 18 U.S.C. §1001(a)(2). The disbarment order is here.
Ethical Grounds 