1. Fantasy Football Ethics
State Bar of Wisconsin
Professional Ethics Committee

2. 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

3. Running Plays

4. 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

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

6. 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

7. True.
False.
Running Play
20 Yards

8. 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

9. 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account fees, and fees deducted from deposits to be deducted from the lawyer’s business account or replaces such funds withdrawn from the trust account by the financial institution or card issuer within three business days.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

10. 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

11. 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

12. Field Goals

13. 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

14. 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

15. 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

16. True.
False.
Field Goal
20 Yards

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

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

19. 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

20. 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

21. Passes

22. 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

23. 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

24. 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

25. True.
False.
Pass
20 Yards

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

27. 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

28. 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

29. 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

30. Quarterback Plays

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

32. True.
False.
Quarterback Sneak
10 Yards

33. 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

34. True.
False.
Quarterback Draw
20 Yards

35. 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

36. 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

37. 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

38. 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