Monday Morning Answers #107

Friday’s questions are here.  I received several great responses to the Olympic post:

  • one reader was at the US-USSR game;
  • another was in Lake Placid for the ’80 Winter Games; and,
  • a third watched with family on tape-delay, and, despite knowing the result, managed to maintain the “confidentiality” of the USA’s historic upset.

And speaking of hockey, congratulations to the Marjory Stoneman Douglas High School hockey team!  Yesterday, the squad won the Tier 1 state championship in Florida’s Lightning League.  ESPN has the story.

The answers follow the Honor Roll.

Honor Roll

Answers

Question 1

A financial institution must notify the PRB whenever an instrument drawn on an attorney’s pooled interest-bearing trust account is presented against insufficient funds,

  • A.  but only if the instrument is honored;
  • B.  irrespective of whether the instrument is honored.  V.R.Pr.C. 1.15B(d)(1)

Question 2

Here are 3 aspects to a specific rule.

  1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
  2. the representation is not prohibited by law;
  3. the representation does not  involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.

What’s the 4th?

  • A.  each affected client gives informed consent, confirmed in writing;  V.R.Pr.C. 1.7(b)
  • B.  the deposit constitutes collected funds;
  • C.  the limitation is reasonable under the circumstances;
  • D.   other good cause for withdrawal exists.

Question 3

Attorney called me with an inquiry.  I listened and then said: “here is what the rule says – you ‘shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.’ ”

What specific topic did Attorney call to discuss?

  • A.   a trust account scam;
  • B.  a client who had filed a disciplinary complaint against Attorney;
  • C  a client who has filed a motion for a new lawyer;
  • D.  a client whose capacity to make adequately considered decisions in connection with the representation is diminished, whether because of minority, mental impairment, or some other reason.  Rule 1.14.

Question 4

Lawyer’s practice focuses mainly on family law & criminal defense.  A few years ago, Lawyer took a personal injury case on behalf of an injured plaintiff.  Lawyer botched it and was sued for malpractice.

Plaintiff offers to settle the malpractice claim for $100,000 and Lawyer’s agreement to never again represent a personal injury plaintiff.

True or false:  the rules prohibit Lawyer from accepting the offer.

True.  Rule 5.6 prohibits a lawyer from making or accepting an offer in which restriction on the lawyer’s right to practice is part of a settlement of a client controversy.

Question 5

I preach competence.  Well, the person who is the answer to this question was more than competent as an Olympian.

This year, there’s a third-year student at the University of Pennsylvania Law School who won Olympic gold as a U.S. figure skater in 2002.  Name her.

Sarah Hughes.

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