Welcome to Friday and the 281st legal ethics quiz!
I like Jeopardy. I rarely watch it “live,” preferring instead the modern luxury affliction of fast-forwarding through commercials and the contestant interviews.[1] Today’s intro, however, is about the recent episode I spent rewinding in disbelief.
On September19, 2017, I posted Constitution Day & Karaoke. In it, I wrote:
“As I’ve mentioned at a few seminars, my initial exposure to the U.S. Constitution was during the Saturday morning cartoons I watched as a kid. Courtesy of the folks at Schoolhouse Rock!, that’s when, where, and how I first learned about the origins of the Constitution and the words to The Preamble.
Of course, if people are not able to access the legal services that they need to protect their rights, the Constitution might mean little to them. So, in honor of Constitution Day, if an attorney or firm donates $1,000 to the Vermont Bar Foundation’s Access to Justice Campaign by Friday, September 29, I’ll karaoke the Schoolhouse Rock! version of The Preamble at the VBA’s upcoming annual meeting.”
A few days later, a former VBA Board Member pledged $1,000.[2] Like a Lannister and their debts, a Kennedy always remain true to their word. As such, at the 2017 VBA Annual Meeting, I regaled the 300 or so in attendance with my version of the Schoolhouse Rock! version of the Preamble to the United States Constitution.[3]
Fast-forward to June 23, 2023. Imagine my surprise and excitement upon the reveal of the Jeopardy Round categories: one was “I learned it on Schoolhouse Rock!” Apparently, the contestants weren’t as thrilled about the category, avoiding it until they had no other options. I waited anxiously.
Which only made it worse when I witnessed this:
Are you freakin’ kidding me?!?!
The contestants’ failure reminded of the Seinfeld episode in which Jerry was upset that Dr. Whatley had converted to Judaism. Jerry went to confession at the Catholic church that Whatley attended before converting. Jerry and the priest had the following exchange:
Scene: Jerry enters confessional, sits down on kneeler. Father Curtis opens sliding door.
- Father: That’s a kneeler.
- Jerry: Oh. (Adjusts accordingly)
- Father: Tell me your sins, my son.
- Jerry: Well I should tell you that I’m Jewish.
- Father: That’s no sin.
- Jerry: Oh good. Anyway, I wanted to talk to you about Dr. Whatley. I have a suspicion that he’s converted to Judaism just for the jokes.
- Father: And this offends you as a Jewish person.
- Jerry: No, it offends me as a comedian.[4]
Does the contestants’ failure to buzz in with ‘what is the Preamble?” offend me as a lawyer who blogs about Constitution Day and who grew up watching Schoolhouse Rock?
No!
It offends me as a performer of the song!
Onto the quiz!
Rules
- None. Open book, open search engine, text-a-friend.
- Exception: Question 5. We try to play that one honest.
- Unless stated otherwise, the Vermont Rules of Professional Conduct apply.
- Please do not post answers as a “comment” to this post.
- E-mail answers to michael.kennedy@vermont.gov
- Team entries welcome, creative team names even more welcome.
- I’ll post the answers & Honor Roll on Monday,
- Please consider sharing the quiz with friends & colleagues.
- Share on social media. Hashtag it – #fiveforfriday.
Question 1
There’s a rule that includes the so-called “self-defense” exception. Which of the 7 Cs of Legal Ethics does the rule address?
Question 2
Lawyer contacted me with an inquiry. My response included these words & phrases:
- I will not give you an opinion as to whether you do or do not have a duty to do so.
- Know that another.
- Substantial question.
- Self-regulating profession vigorously endeavors to prevent.
- Requires exercise of judgment.
- Exception for information relating to the representation of a client.
Given my use of these words & phrases, what did Lawyer contact me to discuss?
- A. Moving to withdraw from a representation.
- B. Whether to report another lawyer’s misconduct.
- C. Whether to correct a client’s false testimony.
- D. Whether to respond to a subpoena to produce information relating to the representation of a current or former client who may have used the lawyer’s services to commit a crime.
Question 3
The rule that prohibits communicating with a represented person on the subject of the representation includes a comment that addresses represented organizations. According to the comment, “Consent of the organization’s lawyer ________ required for communication with a former constituent.”
- A. Is.
- B. Is sometimes.
- C. Is not.
- D. None of the above. The rule does not include a comment that addresses represented organizations.
Question 4
Several rules address conflicts of interest. One includes a comment that indicates that “__________ __________ requires that each affected client be aware of the relevant circumstances and of the material and reasonably foreseeable ways that the conflict could have adverse effects on the interests of each client.”
What two-word phrase accurately completes the quoted portion of the comment?
Question 5 (and TWO bonus questions!)
Three of the first five United States Presidents died on July 4: Jefferson, Adams, and Monroe.
Who is the only U.S. President who was born on July 4.
(No hints. Everything about this blog is hint enough.)
Bonus: Presidents Jefferson & Adams died on the same day: July 4, 1826. A few weeks later, a lawyer who was born in New Hampshire commemorated their lives in a speech delivered at Faneuil Hall. Then, in a short story that was published in 1936, a fictionalized version of the same lawyer exemplified the duty of competence by securing a jury verdict for a farmer who had refused to honor the terms of a contract.
Bonus 1: name the New Hampshire born lawyer whose speech commemorated Jefferson & Adams.
Bonus 2: name the self-represented opposing litigant in the case in which the fictionalized version of the New Hampshire born lawyer defended a farmer against a breach of contract claim.
[1] It’s genetic. My mother does the same, and even fast-forwards through the brief period it takes a contestant to announce their wager on a Daily Double.
[2] While the person is known to me and the Bar Foundation, the person wished then, and I presume now, to remain anonymous.
[3] The meeting was my last as President of the VBA Board of Managers. To honor me, my parents came. As most readers know, it’s not easy for a parent to find a way to watch their child “be a lawyer.” By comparison, my mom went to nearly every basketball game I ever coached. So, the VBA meeting was the first – and only – time my parents ever watched me “be a lawyer.” And what did they witness? That’s right. Me singing a cartoon song.