Friday’s questions are here. Spoiler alert – today’s answers immediately follow the honor roll.
- A1A – Beachfront Avenue!
- Kane Smart, Office of General Counsel, Agency of Natural Resources
- Ed Adrian, Monaghan Safar Ducham
- Karen Allen, Karen Allen Law
- Matt Anderson, Pratt Vreeland Kennelly Martin & White
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor of Law, John Marshall Law School
- Robert Grundstein, Esq.
- Glenn Jarrett, Jarrett & Luitjens
- Jim Johnson, Chittenden South Supervisory Union
- Kevin Lumpkin, Sheehey Furlong & Behm
- Hal Miller, First American
- Herb Ogden, Esq.
- Daron Raleigh, Deputy State’s Attorney, Windsor County
- Nancy Hunter Rogers, Chamberlin School, South Burlington
- Jack Welch, Esq.
If you attend a CLE and I discuss “puffery,” what ethics issue am I most likely addressing?
- A. Whether a lawyer violates federal law by using marijuana
- B. The extent to which the rules on candor & honesty apply during negotiations.
- C. Dishonest trust accounting practices
- D. Viewing an adverse party’s social media posts
Here’s my post on whether “puffery” constitutes dishonesty or a false statement of material fact to a third person.
In legal ethics, the word “imputed” is most often associated with:
- A. The advertising rules
- B. Interest earned on lawyer trust accounts
- C. Conflicts of Interest. Vermont’s rule on imputed conflicts is V.R.Pr.C. 1.10.
- D. Technology & The Duty of Competence
I spoke at CLE yesterday. One point I emphasized was:
“If it’s yours, get it out.”
When I made the statement, what general topic was I discussing?
Trust accounting. Leaving your own money in trust is “commingling.” If it’s yours, get it out of trust.
By rule, “a lawyer employed or retained by an organization represents the organization acting through its duty authorized constituents.” Do the rules allow the lawyer who represents an organization to represent its individual directors, officers, employees, members, or other constituents?
- A. No
- B. Yes
- C. Yes, subject to Rule 1.7 (the rule on conflicts of interest). See, V.R.Pr.C. 1.13(g).
- D. The rules are silent on this issue
And speaking of lawyers who represent organizations . . .
. . . in 2008, Tilda Swinton won the Academy Award for Best Supporting Actress for her portrayal of corporate lawyer Karen Crowder. Crowder was in-house counsel for U-North, a giant manufacturer of agro-chemical products. U-North was the defendant in a class action lawsuit involving allegations that U-North manufactured, marketed, and distributed a carcinogenic weed killer.
Crowder retained an outside law firm to handle the defense. The firm’s leading litigator, Arthur Edens (Tom Wilkinson), discovered an internal memo that Crowder and U-North had intentionally withheld from the plaintiffs. The move proved that, in fact, U-North continued to sell its product despite knowing that it would kill people in addition to killing weeds.
On the horns of the ethical dilemma of whether to blow the whistle on Crowder and U-North, Edens cracked. During a deposition, he stripped naked and ran outside into a snowstorm. Fearful that Edens would disclose the memo, Crowder did what any self-respecting in-house counsel would do – brought the matter to the attention of U-North’s CEO, then had Edens killed.
Shocked, Edens’ firm brought in George Clooney to figure out what happened. It didn’t take Clooney long to determine that the firm’s client and its general counsel had been up to no good. And it didn’t take Crowder & U-North long to attempt to send Clooney to the same fate as his law partner, Arthur Edens.
Your task: identify this movie, a film replete with legal ethics issues, including the duty to disclose a client’s fraud and crimes. Oh yeah, and the duty not to have outside counsel murdered.