Happy Monday! Friday’s questions are here. The answers follow today’s Honor Roll.
- Evan Barquist, Montroll Oettinger Barquist
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, University of Illinois at Chicago Law
- Andrew Delaney, Martin Delaney & Ricci
- Robert Grundstein
- Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
- Nicole Killoran, Professor, Vermont Law School
- John T. Leddy, McNeil Leddy & Sheahan
- Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
- Hal Miller, First American Title Insurance, Hawaii Agency State Counsel
- Honorable John Valente, Vermont Superior Judge
- Jason Warfield, J.D.
Lawyer called me with an inquiry. I listened, then responded: “Maybe. Does it arise from your relationship with a current or former client? Or does it arise from a personal interest of yours?
In my response, what is “it?”
It is a conflict of interest. My response to the inquiry refers to imputed conflicts. See, Rule 1.10 – Imputation of Conflicts of Interest – General Rule.
By rule, a lawyer who has direct supervisory authority over a nonlawyer ___________:
- A. will be sanctioned if the nonlawyer does something that would violate the rules if done by the lawyer.
- B. is not professionally liable for the conduct of the nonlawyer.
- C. shall make reasonable efforts to ensure that the person’s conduct is compatible with the lawyer’s professional obligations. Rule 5.3 – Responsibilites Regarding Nonlawyer Assistants.
- D. None of the above. While there is a rule that applies to a lawyer’s supervision of other lawyers, there is no rule that applies to a lawyer’s supervision of nonlawyers.
There’s a rule that prohibits a lawyer from making false or misleading communications about the lawyer or the lawyer’s services.
Does the rule prohibit truthful statements that are misleading?
Yes. It’s rule Rule 7.1 – Communications Concerning a Lawyer’s Services It states that a “communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.” Per Comment , “truthful statements that are misleading are also prohibited by this rule.” The comment goes on to describe truthful statements that violate the rule.
What do the Rules of Professional Conduct define as “the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.”
Informed Consent. Rule 1.0 – Terminology
Season 6 of Better Call Saul debuts on Monday. I can’t wait. It’s one of my favorite shows of all-time and I am so looking forward to the final season.
For those who don’t know, the lead character, “Saul Goodman,” is an attorney who often finds himself on the wrong side of the Rules of Professional Conduct. In addition, in both Better Call Saul and Breaking Bad, Saul often mentions (complains of) his bad knees.
According to the show’s writers, Saul’s needs are so bad because of antics he engaged in well before changing his name to Saul Goodman. Indeed, those antics resulted in a nickname associated with his real name.
What’s Saul Goodman’s real name?
And, bonus, what’s the antic-driven nickname that explains his bad knees?
James M. McGill. Slippin’ Jimmy.