Welcome to Monday!
Friday’s questions are here. The answers follow today’s Honor Roll.
- Karen Allen
- Evan Barquist, Montroll Backus & Oettinger
- Penny Benelli, Dakin & Benelli
- Andrew Delaney, Martin & Delaney Law Group
- Jennifer Duxbury, Pratt Vreeland Kennelly Martin & White
- Erin Gilmore, Ryan Smith & Carbine
- Bob Grundstein, Esq.
- Anthony Iarrapino, Wilschek & Iarrapino
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Jeanne Kennedy, JB Kennedy Associates, Blogger’s Mom
- Deb Kirchwey
- Elizabeth Kruska
- Pam Loginsky, Washington Association of Prosecuting Attorneys
- Lon McClintock
- Hal Miller, First American
- Herb Ogden, Esq.
- Thomas Wilkinson, Jr., Cozen O’Connor
- Richard Zitrin, Lecturer in Law, UC Hastings College Of The Law
When a lawyer holds funds in which two or more persons claim interests, a rule specifically requires the lawyer:
- A. to resolve the dispute;
- B. to keep the funds separate until the dispute is resolved;
- C. to promptly distribute all portions that are not in dispute;
- D. B & C. V.R.Pr.C. 1.15(e)
Speaking of Watergate, if you’re at a CLE and hear me talking about a lawyer’s duty “to go up the ladder,” I’m most likely talking about a lawyer who represents:
- A. an organization. See, Rule 1.13(b)
- B. both the insured and an insurance company in a civil case.
- C. a child.
- D. a client whose deadline to appeal is about to run, but who has not instructed the lawyer whether to file the appeal.
Consider the following:
- a reasonable belief that the lawyer will be able to provide competent & diligent representation to each affected client;
- no assertion of a claim by one client against another represented by the same lawyer;
- informed consent, confirmed in writing.
By rule, each of the 3 is relevant to what general question?
Each of 3 appears in Rule 1.7(b) and are relevant to whether a lawyer may represent a client notwithstanding a concurrent conflict of interest.
Is there a rule that specifcially addresses a lawyer’s ethical duties when serving as an arbitrator, mediator, or in any other such capacity to assist two or more persons who are not clients to resolve a dispute?
- A. No.
- B. No. The Code of Judicial Conduct applies.
- C. Yes. There’s a rule that applies to so-called “third-party neutrals.”
- D. Yes. There’s a rule that applies to so-called “third-party neutrals” and a comment to the rule indicates that lawyers serving as such may also be subject to other codes of ethics.
It’s Rule 2.4. Comment  mentions other codes of ethics.
I’ve often spoken on lawyer’s duty to provide competent advice related to a client’s preservation of electronically stored information that might have potential evidentiary value.
Recently, one of the world’s most famous athletes was named as a defendant in a wrongful death suit. The athlete owns a restaurant that is also a defendant. Central to the case is an allegation that the restaurant over-served an employee who drank at the bar after his shift, drove, and died in a car accident after leaving.
This week, the plaintiff’s lawyers accused the restaurant of destroying video of the decedent drinking at the bar in the hours prior to the fatal crash.
Who is the athlete?
Tiger Woods. Yahoo! Sports has the story here.