Good morning. Friday’s questions are here. The answers follow today’s honor roll.
As usual, I greatly appreciate the thoughts & stories that readers shared in response to the Friday intro. Remember: people care, help is available. If you (or someone you know) needs help, you can make a confidential inquiry of me, or, you can call the Vermont Lawyers Assistance Program.
Also, please remember this: when it comes to helping someone else, don’t think of it as whether you have a professional obligation to make a report. Think of it as helping another human being. As I blogged last March
- “In my experience, lawyers are in position to recognize signs of substance abuse and mental health issues exhibited by another lawyer, whether a co-worker, colleague, or opposing counsel. Some lawyers wonder whether there is a duty to report substance abuse and mental health issues. Maybe. Rule 8.3, the reporting rule, is HERE.But how about this? How about coming it at from the perspective of helping another human being instead of analyzing whether another’s struggles trigger your duty to report? If a colleague, co-worker, or opposing counsel needs help, why not help them?
Yes, I get it, we are reluctant to get involved. Some of these might sound familiar:
- It’s not my business.
- I don’t know for sure, could’ve been she was having a bad day.
- It helps my client that he isn’t doing his job.
- The firm doesn’t need the bad publicity.”
When we’re dealing with a number like 108, those reasons for reluctance don’t cut it.
- Karen Allen, Esq.
- Evan Barquist, Montroll, Backus & Oettinger
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, John Marshall Law School
- Bob Grundstein, Esq.
- Anthony Iarrapino, Wilschek Iarrapino Law Office
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Jeanne Kennedy, JB Kennedy Associates
- Kevin Lumpkin, Sheehey Furlong & Behm
- Shannon Lamb, Pratt Vreeland Kennelly Martin & White
- Hal Miller, First American
- Lon McClintock, McClintock Law Offices
- Nancy Rogers, Chamberlin Elementary School
- Thomas Wilkinson, Jr., Cozen O’Connor
Which is different from the others?
- A. A contingent fee agreement
- B. An hourly fee agreement. The rules do not require an hourly fee agreement to be in writing. However, I’d encourage you to reduce it to a writing.
- C. A former client’s consent to a conflict
- D. Concurrent clients’ consent to a conflict
There phrase “persons of limited means” appears four times in a single rule.
What’s the topic of the rule?
Voluntary Pro Bono Services – Rule 6.1
There’s a rule that prohibits a lawyer from counseling or assisting a client to engage in conduct that the lawyer knows is criminal or fraudulent. In 2016, a the Supreme Court adopted a Comment to the rule. The Comment makes it clear that lawyers may:
- A. accept cash to represent people charged with financial crimes
- B. not accept cash to represent people charged with financial crimes
- C. not disclose a client’s immigration status absent the client’s informed consent
- D. advise & assist clients on matters related to Vermont’s marijuana laws & regulations.
Rule 1.2(d). The order adopting the Comment is here.
There’s a rule that prohibits a lawyer from doing something, unless it’s:
- to another lawyer; or,
- to someone with whom the lawyer has a family relationship, close personal relationship, or prior professional relationship.
What’s the “something?”
Solicit employment by in-person, live telephone, or real-time electronic contact. Rule 7.3(a).
Vincenzo Leoncavallo was an attorney and judge in Italy. In 1865, he presided over a murder trial that involved a love triangle: the victim was stabbed to death by a romantic rival. The victim was Judge Leoncavallo’s son’s babysitter.
Fast forward to 1910. It was then, 108 years ago, that the first public radio broadcast took place. The broadcast was of 2 operas.
One of the operas had been composed by Judge Leoncavallo’s son. It involved a love triangle in which Silvio was stabbed to death by Canio, a jealous romantic rival.
Name the opera.
Bonus: name the character for whom Silvio and Canio shared dueling affections.
The opera: Pagliacci
The character: Nedda.