Welcome to Friday and the 262nd #fiveforfriday legal ethics quiz!
As a runner, finding something to associate with “262” is easy for me: a marathon is 26.2 miles. If you’re wondering, the name and distance reflect the 40 kilometers that a messenger allegedly ran from Marathon to Athens to share the news of the Greek’s victory.
Yes. Nothing inspires runners more than racing a distance named for someone who collapsed and died after delivering the message.
Anyhow, when introduced at the Athens Olympics in 1896, the event was 40K, which is 24.8 miles. We can blame the British monarchy for the extra 1.4 miles. At the 1908 London Olympics, the original 40K course was lengthened at both ends to accommodate the royals’ viewing pleasures.
Several months ago, I used this Friday intro to share the story of my utter incompetence in signing up for the 2022 Boston Marathon. Yesterday, I received confirmation that I’d managed to register for Boston 2023. Years ago, I’d have turned the news into today’s intro.
However, today, it’s not running that I associate with 262 and marathons.
Disclosure: printed words can only convey so much. Please do not interpret the next paragraph as me being in any sort of funk. I’m not. And I’m about to go for a run in the sun followed by a drive to Lake Morey for the VBA meeting. I’m looking forward to the early foliage and to seeing people who I haven’t seen in a long, long time. Introspection, even shared in a public post, isn’t a cause for worry.
Rather, over the past week, I’ve wondered if we mislead ourselves when we tell ourselves that life is a marathon, not a sprint. The truth is, none of us knows when we’ll reach the finish line. Maybe we are in a sprint. If so, from a wellness perspective and thinking of the value in making time for who and what matters, perhaps we are best served by using 262 as an occasion to reflect on our priorities.
Onto the quiz!
- None. Open book, open search engine, text-a-friend.
- Exception: Question 5. We try to play that one honest.
- Unless stated otherwise, the Vermont Rules of Professional Conduct apply
- Team entries welcome, creative team names even more welcome.
- E-mail answers to firstname.lastname@example.org
- I’ll post the answers & Honor Roll on Monday
- Please consider sharing the quiz with friends & colleagues
- Share on social media. Hashtag it – #fiveforfriday
Which “C” rule includes exceptions for a lawyer to make an inquiry of bar counsel, as well as to secure legal advice about the lawyer’s compliance with the Rules of Professional Conduct?
There’s a rule that imputes a lawyer’s conflicts of interest to all other lawyers in the same firm. The rule does not apply to a particular group of lawyers. Rather, it specifically states that “disqualification of lawyers associated in a firm with former or current _____________ is governed” by a different rule. The rule that applies to this group creates a relaxed imputation standard. One reason for the relaxed standard is to ensure that lawyers are attracted to work in this group.
What group? Former or current __________:
- A. law professors.
- B. government attorneys.
- C. legislators.
- D. All the above.
Two days ago, the ABA Standing Committee on Ethics and Professional Responsibility issued an advisory ethics opinion. The opinion focused on whether a lawyer who self-represents is a “party” or is “representing a client.” After reading the opinion, I wondered if Vermont should amend its rule. What did the opinion address?
Whether self-represented lawyers:
- A. can count the work as “pro bono.”
- B. are subject to the rule that prohibits communication with a represented person without the consent of the represented person’s lawyer.
- C. have standing to file a disciplinary complaint against themselves for lack of competence or diligence.
- D. before proceeding, must get informed consent from themselves due to the inherent conflict in being both lawyer and client.
With respect to tech competence, last week the Virginia Supreme Court approved an advisory opinion that concluded that a lawyer who does this creates a risk “that the lawyer’s client will respond in a way that the lawyer would not advise or desire.”
95 years ago today, George Herman Ruth, Jr. became the first major league baseball player to hit 60 home runs in a single season. Four years later, he lost a legal case. A patent court ruled that, contrary to the slugger’s claim, a popular product had, in fact, been named after President Grover Cleveland’s daughter.
As of right now, I’m leaning towards including the product in a blog that I post at the end of October with my updated product rankings for a certain holiday.
Name the product.