Fantasy Football Ethics State Bar of Wisconsin Professional Ethics Committee

Running Plays Field Goals Passes Quarterback Plays 10 Yards 10 Yards Sneak 20 Yards 20 Yards 20 Yards 20 Yards Draw 30 Yards 30 Yards 30 Yards 30 Yards Option 40 Yards 40 Yards 40 Yards 40 Yards Hail Mary 10 Yards Razzle Dazzle 20 Yards Flea Flicker 50 50 40 Yards Mad Hatter 30 Yards Hook & Ladder 50 50 50 50 50 Trick/Gadget Plays

Running Plays

Lawyer does not have a trust account Lawyer does not have a trust account. What type of payment is Lawyer prohibited from accepting? Running Play 10 Yards

Running Play 10 Yards Advanced fees Retainers Advanced costs None of the above Running Play 10 Yards

A lawyer may deposit a check for advanced fees into the traditional IOLTA trust account through a banking application on the lawyer’s smartphone. Running Play 20 Yards

True. False. Running Play 20 Yards

A lawyer may make electronic transactions into and out of the lawyer’s primary IOLTA account, without having an E-Banking Trust Account. Running Play 30 Yards

False, a lawyer is prohibited from making deposits to or disbursements from the traditional IOLTA trust account by way of an electronic transaction. True, as long as the lawyer maintains commercially reasonable security measures; purchases a crime insurance policy in an amount sufficient to cover the maximum daily account balance during the prior calendar year; arranges for all chargebacks, ACH reversals, monthly account fees, and fees deducted from deposits to be deducted from the lawyer’s business account or replaces such funds withdrawn from the trust account by the financial institution or card issuer within three business days. Running Play 30 Yards

Attorney has a number of clients who have not paid their bills Attorney has a number of clients who have not paid their bills. Attorney would like to use a collection agency to collect the unpaid bills, or perhaps sell or assign the debts to a collection agency. May Attorney do so consistent with the Rules? Running Play 40 Yards

No, neither using a collection agency to collect the unpaid bills, nor selling or assigning the debt to a collection agency comports with the Rules. Yes, if the clients consented to the release of their names and the sale of their debts. Neither of the above. Running Play 40 Yards

Field Goals

To comply with SCR 20:1. 1, a lawyer must be competent in technology To comply with SCR 20:1.1, a lawyer must be competent in technology. Which of the following statements is most accurate? Field Goal 10 Yards

The lawyer must keep abreast of the benefits and risks associated with relevant technology, and develop a mastery of the security features and deficiencies of the relevant technology. The lawyer must take the necessary time and energy to become competent or alternatively rely solely on available experts in the field. Neither A. nor B. Field Goal 10 Yards

To comply with SCR 20:1.4, a lawyer must promptly respond to a client’s communication by providing the requested information. Field Goal 20 Yards

True. False. Field Goal 20 Yards

Lawyers are no longer required to keep trust account records in a specific format.  Field Goal 30 Yards

True. Lawyers must keep complete and accurate records. False. Lawyers must continue to maintain individual client ledgers and monthly reconciliations. Field Goal 30 Yards

The new E-Banking Trust Account permits several previously prohibited practices and, as a consequence, adds some additional requirements. Among these practices and requirements are: Field Goal 40 Yards

Lawyers must have both a primary IOLTA trust account and a secondary IOLTA account entitled “E-Banking Trust Account” and must have in place commercially reasonable security measures. Lawyers are permitted to transfer funds from the E-Banking Account to the primary IOLTA account or the business account electronically, as well as by check. Lawyers may use the E-Banking Account to make electronic disbursements at direction of the clients. The date, amount, payee, client matter, and the reason for disbursement must be entered in the financial institution’s electronic payment system. All of the above. Field Goal 40 Yards

Passes

Before a lawyer retains or contracts with other lawyers outside the lawyer’s own firm to assist in the provision of legal services to a client, what must the lawyer do? Pass 10 Yards

The lawyer need only obtain informed consent from the client. The lawyer must reasonably believe that the other lawyer’s services will contribute to the competent representation of the client. Neither A. nor B. Pass 10 Yards

A lawyer violates SCR 20:1.6 if there is unauthorized access to, or the inadvertent or unauthorized disclosure of, information relating the representation of a client. Pass 20 Yards

True. False. Pass 20 Yards

A lawyer is responsible for the security of each trust account transaction. A lawyer fulfills this security requirement by: Pass 30 Yards

Selecting a compliant financial institution with the appropriate insurance. Not conducting or authorizing transactions for which the lawyer does not have commercially reasonable security measures in place. Pass 30 Yards

Lawyer receives an electronic copy of a proposed contract from opposing counsel. Upon “mining” the electronic copy, Lawyer discovers embedded metadata consisting of comments between opposing counsel and opposing counsel’s client concerning a key provision. What must Lawyer do? Pass 40 Yards

Lawyer must self-report Lawyer must self-report. Lawyer has violated the Rules by “mining” the electronic document for metadata. Lawyer does not know that the metadata was inadvertently sent, and consequently, need not notify opposing counsel. Lawyer must promptly notify opposing counsel. Lawyer must immediately terminate review/use of the metadata, promptly notify opposing counsel, and abide by opposing counsel’s instructions. Pass 40 Yards

Quarterback Plays

Quarterback Sneak 10 Yards A lawyer is required by the Rules to encrypt certain emails to clients. Quarterback Sneak 10 Yards

True. False. Quarterback Sneak 10 Yards

Quarterback Draw 20 Yards A lawyer’s failure to promptly submit trust account records to the Office of Lawyer Regulation results in a presumption that the lawyer has failed to hold property in trust as required by SCR 20:1.15(b)(1). Quarterback Draw 20 Yards

True. False. Quarterback Draw 20 Yards

Quarterback Option 30 Yards A lawyer may disclose information relating to the representation of a client to detect and resolve conflicts. Quarterback Option 30 Yards

Quarterback Option 30 Yards Yes, only if the client gives informed consent. Yes, but only when the conflicts arise from the lawyer’s change in employment or from changes in the composition of the firm. Yes, but only when the information is limited to the identity of the client. Yes, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client. Quarterback Option 30 Yards

A for-profit business, which is not a law firm or lawyer-owned, matches potential clients seeking certain “limited scope” legal services with lawyers who are willing to provide such services for a flat fee, the amount of which is established by the business. The client remits the full fee, in advance, to the business. The business then forwards the fee to the lawyer after confirming, according to its own standards, that the requested services were performed. The lawyer then separately pays the business what is described as a “marketing fee.” The so-called “marketing fee” varies directly with the amount of the flat fee for the legal services, with the “marketing fee” typically ranging between 20% to 30% of the legal fee. Does this referral program violate the Rules? Hail Mary 40 Yards

Yes, the “marketing fee” is a disguised fee-sharing arrangement in violation of SCR 20:5.4(a). No, fee splits are not inherently unethical. They only become a problem if the split creates a situation that may compromise a lawyer's professional independence of judgment. Hail Mary 40 Yards