Five for Friday #44

Welcome to Week 44! This week honors Hank Aaron and Pete Maravich.

I was 7 during Hank’s last season in Atlanta.  That summer, my parents took my brother and I to Montreal to see the Braves & Expos at lovable Jarry Park (Parc Jarry). I don’t remember anything about the game. I remember we got a flat tire on the way and my Dad wasn’t happy that we’d miss batting practice.  Or maybe he wasn’t happy with my mom’s running commentary on the situation.  I also remember that the Expos gave out “Hank Aaron” posters to everyone who attended.  Mine hung on various bedrooms walls right up through law school. Anyway, as Bill Lee said at last night’s VBA Gubernatorial Dialogue, let’s bring the Expos back!

As for Pistol Pete, if YouTube had existed when he played, he’d have led the league in views and his jersey might be the single best-seller of all-time.  Unfortunately for me, none of the coaches I had as a kid let me unleash my inner Maravich.  Probably the main reason I never made the NBA.  Kill a kid’s creativity, you kill his drive . . . .and drive him to law school.

On to the questions.

  • Rules.  None.
  • Team entries welcome.
  • E-Mail answers to michael.kennedy@vermont.gov
  • Forward the quiz, encourage others to enter.
  • I’ll post the answers on Monday morning.
  • Old quizzes (and answers) are HERE.

Question 1

Only one of the choices is correct.  What do the Vermont Rules of Professional Conduct require a lawyer to self-report disciplinary authorities?

  • A.  Discipline imposed in another jurisdiction.
  • B.  Criminal charges.
  • C.  Criminal conviction.
  • D.  Failure to file a federal income tax return.

Question 2

Attorney called me with an inquiry. I listened. I responded “well, the general idea is that if you’re reasonably certain that it will result in substantial injury or harm, or a violation of your client’s legal obligation, you’re supposed to go up the chain.”

It is most likely that:

  • A.  Attorney represents an organization.
  • B.  Attorney is not a partner in his firm.
  • C.  Attorney is being paid by someone other than Attorney’s client.
  • D.  Attorney’s client expressed to Attorney an intent to violate a court order.

Question 3

Lawyer called me with an inquiry. I listened.  I responded “you’re supposed to do so as quietly as possible.  I often suggest citing nothing more than which ever of the rule’s specific provisions apply, then answering any questions that the court might have. When you answer, limit your responses to exactly what the court asks.”

In my response, what does “do so” in the phrase “you’re supposed to do so as quietly as possible” refer to?

Question 4

Attorney called with an inquiry. I listened. I responded “a lot of people think the rule imposes a blanket prohibition. It doesn’t.  It only prohibits conduct that ‘will have a substantial likelihood of prejudicing’ a proceeding.”

In my response, “conduct” refers to:

  • A.  Ex parte communications with a judge.
  • B.  Ex parte communications with a juror.
  • C.  Stating a personal opinion in an opening or closing argument.
  • D.  Extrajudicial statements.

Question 5

Bruiser Stone was an attorney who had some ethics issues. His practice was shut down after the FBI raided his offices as part of a racketeering investigation.  Bruiser’s new associate, Rudy, was left to fend for himself in the profession.

Undaunted, Rudy joined forces with Deck Shifflet, a less-than-scrupulous insurance agent who became a paralegal after failing the bar exam six times. The two represented a couple whose son had been denied coverage for medical treatment.  He would eventually die of leukemia.  Against all odds, Rudy won a huge verdict in a bad-faith claim against the couple’s insurance company.

During the med-mal case, Rudy fell for a woman who was a victim of domestic violence.  He convinced her to file for divorce and beat up her abuser with a baseball bat.

Name the book/movie.

fn: On the subject of famous #44’s, sorry Hal Miller.  Reggie Jackson will never be honored

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