Welcome to Monday! Friday’s questions are here. Today’s answers follow this week’s honor roll.
- Karen Allen, Esq.
- Matthew Anderson, Pratt Vreeland Kennelly Martin & White
- Evan Barquist, Montroll Backus & Oettinger
- Alberto Bernabe, Professor, John Marshall Law School
- Anna Black, Stackpole & French
- Andrew Delaney, Martin & Delaney
- Laura Gorsky, Esq.
- Bob Grundstein, Esq.
- Tammy Heffernan, Esq.
- Glenn Jarrett, Jarrett & Luitjens
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Thomas Kester, Assistant General Counsel, Blue Cross & Blue Shield of Vermont
- John Leddy, McNeil, Leddy, & Sheahan
- Tom Little, Little & Cicchetti
- Pam Loginsky, Washington Association of Prosecuting Attorneys
- Lon McClintock, McClintock Law Offices
- Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
- Hal Miller, First American
- Jim Runcie, Ouimette & Runcie
- Kristen Shamis, Monaghan, Safar, Ducham
- Jonathan Teller-Elsberg, Vermont Law School, JD Candidate
- Jack Welch, Esq.
If Lawyer’s continued representation of a client will result in a violation of the Rules of Professional Conduct, Lawyer _____________.
- A. may withdraw.
- B. shall withdraw. V.R.Pr.C. 1.16(a)(1)
- C. oddly, this situation is not mentioned in the Vermont Rules of Professional Conduct.
Lawyer called me with an inquiry involving Client and Other. I listened. Then, I said:
“it’s ok as long as:
- Client gives informed consent;
- Other doesn’t interfere with your professional judgment or your relationship with Client; and,
- you don’t share any information about the representation with Other absent Client’s consent.”
What is Other’s involvement with this situation?
Other is paying for Lawyer’s representation of Client. V.R.Pr.C. 1.8(f).
Later today at the Bankruptcy CLE, I’m going to mention “the 6 Cs of Legal Ethics.” Competence, Communication, Confidentiality, Conflicts, Candor, and Civility.
There’s actually a 7th “C”, but the word does not appear anywhere in the rules. Rather, it’s the word we use to refer to a violation of the duty to hold property of clients and third persons separate from the lawyer’s own property.
What’s this 7th “C”?
Lawyer represents Kennedy. This morning, Kennedy gave Lawyer a bank check for $6,000 to pay for various expenses related to the representation, including legal fees owed to Lawyer. Lawyer did not have time to make it to the bank today but intends to deposit Kennedy’s check on Monday.
Honestly, Kennedy is a pain. He hasn’t paid in a long time and has a hefty outstanding bill.
Lawyer’s trust account holds funds that belong to clients other than Kennedy. This afternoon, Lawyer wants (finally) to pay herself for legal services provided to Kennedy by transferring funds from the trust account to her operating account. Then, on Monday, Lawyer intends to replace those funds by depositing Kennedy’s bank check into trust.
Which is most accurate?
- A. Good plan, but only because it’s a bank check, not a personal check.
- B. Good plan, if Lawyer charges Kennedy a reasonable fee.
- C. Bad plan, because the bank check is for more than $5,000.
- D. Bad plan, because the disbursement would take place before Lawyer deposits Kennedy’s bank check into her trust account. V.R.Pr.C. 1.15(f).
Today is the 154th anniversary of the ratification of the 13th Amendment to the United States Constitution, the amendment that abolished slavery.
One of the members of Congress who was instrumental in drafting and passing the 13th Amendment was a “radical republican” who was born & raised in Vermont. After leaving Vermont, he practiced law in Pennsylvania. As a trial lawyer, legend has it that he responded to a judge’s warning that he was “manifesting contempt” by saying “Sir, I’m doing my best to conceal it.”
In 2012, Tommy Lee Jones played him in a movie about Abraham Lincoln and won the Academy Award for Best Supporting Actor .
Name the lawyer who was born & raised in Vermont and who played a critical role in drafting, passing, and ratifying the 13th Amendment.
Danville’s own Thaddeus Stevens