Happy Monday!
Friday’s questions are here. The answers follow today’s Honor Roll.
Honor Roll
- Karen Allen, Karen Allen Law
- Penny Benelli, Dakin & Benelli
- Beth DeBernardi, Administrative Law Judge, Vermont Department of Labor
- Andrew Delaney, Martin Delaney & Ricci
- Benjamin Gould, Paul Frank + Collins
- Robert Grundstein
- Glenn Jarrett, Jarrett/Hoyt
- Jeanne Kennedy, JB Kennedy Associations, Mother of the Blogger
- John T. Leddy, McNeil, Leddy, Sheehan
- Pam Loginsky, Deputy Prosecuting Attorney, Pierce County, Tacoma, WA
- Pam Marsh, Marsh & Wagner
- Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
- Jeffrey Messina, Messina Law
- Hal Miller, Hawaii Agency Underwriting Counsel, First American Title Insurance
- Herb Ogden, Esq.
- Keith Roberts, Darby Kolter & Roberts
- Nikki Stevens, Firm Administrator, Langrock Sperry & Wool
- Emily Tredeau, Supervising Attorney, Prisoners’ Rights Office
- Jason Warfield, J.D.
Answers
If the Rules of Professional Conduct require a lawyer to receive a client’s agreement (or informed consent) to do something in writing, does an email from the client satisfy the rule?
- A. Yes. V.R.Pr.C. 1.0(n) “‘Writing’’ or ‘’written’ denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording and e-mail.”
- B. No.
Question 2
Here’s an excerpt from a comment to one of the rules. The same word goes in each blank. What word? Action by the lawyer:
“is not FRIVOLOUSeven though the lawyer believes that the client’s position ultimately will not prevail. The action is FRIVOLOUS, however, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification or reversal of existing law.”
See, V.R.Pr.C. 3.1, Cmt. [2].
Question 3
At a CLE, what topic am I most likely addressing when I discuss “3-way reconciliation.”
- A. Conflicts that can arise when a lawyer represents both buyer & sellers in the same transaction.
- B. The rule that applies to lawyers who serve as “third party neutrals.”
- C. Ethics issues that arise when the prosecution, the lawyer for the defendant, and a victim’s advocate negotiate resolution of a criminal matter.
- D. Trust Account Management. See, this blog post.
Question 4
I often caution lawyers against “noisy withdrawal.” Which of the 7Cs of Legal Ethics is most closely associated with “noisy” withdrawal?
CONFIDENTIALITY. See, this blog post.
Question 5
In 1984, Vanity Fair asked a mega-famous artist to create an image of a mega-famous musician. The magazine gave the artist a photograph to use as a reference. The artist used the photograph to create images of the musician in the same style as images the artist had previously created of Marilyn Monroe, Jacqueline Kennedy, and Mao Zedong.
In 2016, Vanity Fair ran one of the mega-famous artist’s images of the mega-famous musician on the cover of an issue commemorating the musician’s death. This resulted in a copyright dispute involving the artist’s foundation and the photographer who took the original photograph that had served as a reference for the artist’s images.
This week, the United States Supreme Court heard argument in the matter. According to multiple news outlets, the argument included a light moment that prompted much laughter. Justice Thomas began a question by indicating that he was fan of the musician in the 80s. Justice Kagan asked, “but no longer?” Justice Thomas replied, “Only on Thursdays.”
Name the artist and the musician.
Andy Warhol & Prince. Among others, The Hollywood Reporter, Insurance Journal, and NPR covered the story.
Ethical Grounds 