Happy Monday! 

Friday’s questions are here. The answers follow today’s Honor Roll.

Honor Roll

  • Karen Allen, Karen Allen Law
  • Free Bananas (Bailey Laflam, Marsicovetere & Levine, Jordana Levine, Marsicovetere & Levine, Tommi Mandell, Marsicovetere & Levine)
  • Alberto Bernabe, Professor of Law & Associated Dean for Faculty Research & Development, School of Law, University of Illinois Chicago
  • Catherine A. Burke, Gravel Shea
  • Tristram J. Coffin, Down Rachlin & Martin
  • Honorable Beth DeBernardi, Administrative Law Judge, Vermont Dept. of Labor
  • Eric Fanning, Staff Attorney, Legal Services of Vermont
  • Bob Grundstein
  • Glenn Jarrett, Jarrett/Hoyt
  • Kevin Lumpkin, Sheehey Furlong & Behm
  • Jack McCullough, Project Director, Mental Health Law Project, Vermont Legal Aid
  • Jeffrey Messina, Messina Law
  • J. William O’Brien, Jr., O’Connor First
  • Herb Ogden, Esq.
  • Patrick Olmstead, Patrick Olmstead Law
  • Justin St. James, Office of General Counsel, Vermont State Treasurer
  • Jonathan Teller-Elsberg, Staff Attorney, New Hampshire Legal Assistance
  • Honorable John Valente, Vermont Superior Judge
  • Brendan Walsh, Quantum Leap Capital
  • Jason Warfield, Warfield Family Law & Mediation
  • Thomas Wilkinson, Cozen O’Connor
  • Tiffany Young, Young & Wilson

ANSWERS

Question 1

When discussing the 7 Cs of legal ethics, I often encourage lawyers  to “trust your gut. If it feels like one, it probably is.”

Which C?  Conflicts. See, this blog post.

Question 2

Aphorisms aside, here’s an excerpt from one of Vermont’s rules:

“A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in _________________ matter in which that person’s interests are materially adverse to the interests of the former client . . .”

Which most accurately fills in the blank?

  • A.  the same.
  • B.  a substantially related.
  • C.  a reasonably connected.
  • D.  A or B.  See, V.R.Pr.C. 1.9(a).

Question 3

The same rule goes on to state “unless ___________________”

  • A.  the former client gives informed consent.
  • B.  the former client gives informed consent, confirmed in writing.  V.R.Pr.C. 1.9(a).
  • C.  the lawyer does not remember or have access to information relating to the representation of the former client.
  • D.  B or C.

Question 4

By rule, “a lawyer shall abide by a client’s decisions concerning the objectives of the representation and . . . shall ____________ as to the means by which they are to be pursued.”

  1. exercise reasonable judgment.
  2. consult with the client.  V.R.Pr.C. 1.2(a).
  3. abide by the client’s direction.
  4. when not inconsistent with these rules, abide by the client’s direction.

Question 5

Speaking of Dr. Whatley, the actor who played him went on to star in a show that many consider one of the greatest of all-time. In fact, two weeks ago, a media outlet officially named the show as The Greatest of All-Time.

Don’t get me wrong, I loved the show. However, I think its spinoff is better. The spinoff is, for the most part, a prequel that Wikipedia describes as a “neo-noir legal crime drama” that focuses on “a former con artist aiming to gain respectability as a public defender, and chronicles his gradual transformation into . . . . . [a] criminal lawyer with ties to the drug cartel.”

Indeed, “criminal” could refer to one of the lawyer’s practice areas, as well as to the fact that, when the show ended, he’d recently been sentenced to 86 years in prison.

The spinoff’s main character begins the show practicing under his given name. Then, in Season 3, an entire episode is devoted to a disciplinary hearing that results in the lawyer’s license being suspended for one year. Upon having his law license reinstated, the lawyer notifies the state bar that he will return to practice under a new name.

Name the show that starred the actor who played Dr. Whatley and that some consider to be the greatest show of all time.

Name its spinoff, a show that chronicles an ethically challenged lawyer and that is my favorite tv show of all-time.

Breaking Bad.  Bryan Cranston played Dr. Whatley on Seinfeld and starred as Walter White in Breaking Bad.

Better Call Saul and Bob Odenkirk’s phenomenal performance as Jimmy McGill and Saul Goodman.