Welcome to Five for Friday!
Before the quiz, I am compelled to address my readers who have The Beatles on their brains.
Several contacted me this week to ask if the pop culture slant to #fiveforfriday would honor today’s 50th Anniversary of The Beatles U.S. release of Sgt. Pepper’s Lonely Hearts Club Band.
It will, but for reasons you’d never guess.
As should be obvious to long-time readers, I grew up a Stones fan. In my mind, the bands are Red Sox & Yankees, Sharks & Jets, Edward & Jacob. I’ve adhered to the code of rivalries, rarely, if ever, playing a Beatles 45, 33, cassette, or CD. I certainly have never downloaded a single of their songs, a boycott that dates to my days as what felt like the only Gen X kid without the obligatory poster of the Abbey Road album cover hanging in his dorm room.
I often blog about Rule 1.1’s duty of competence. Six months after The Beatles released Pepper, the Stones released Their Satanic Majesties Request. Terrible album! Mick and company probably violated the rock equivalent of Rule 1.1 by trying to sound like the Beatles on Pepper. Fortunately, the Stones quickly returned to their roots.
In order, their albums that followed Satanic Majesties:
Are you f’ing kidding me?!?! Hammer don’t hurt ’em!
So, 70 years after Sgt. Pepper taught the band to play, thank you Beatles for setting the Stones on the path to the most competent run of album releases in recorded history! With “competent” meaning “spectaculary fantastic.”
On to the quiz!
- There are none. Open book, open search engine, text a friend. Use whatever resource you want. Reading the rules is a good thing!
- Exception: Question 5. We try to play that one honest.
- Team entries welcome! Creative team names even more welcome!
- Please share the quiz, even on social media #fiveforfriday
- Unless stated otherwise, the Vermont Rules of Professional Conduct apply
- Please e-mail answers to firstname.lastname@example.org Please do not use the “comment” feature to send your answers.
- I will post the answers and Honor Roll on Monday
- Might not be valid at all locations. All terms & conditions apply. Void in AK and HI.
There’s a rule that imposes “special responsibilities” upon:
- A. Prosecutors
- B. Judges
- C. Juvenile defenders
- D. Real estate lawyers who also sell title insurance
The “self-defense” exception to Rule 1.6 is often discussed with respect to:
- A. Disclosing a client’s intent to commit a crime
- B. Disclosing a client’s past commission of a crime
- C. Responding to a client’s negative online review
- D. Withdrawing from a matter to keep from violating the ethics rules
Which is most accurate?
- A. A fee violates the prohibition on unreasonable fees only if it is collected
- B. Vermont’s rules require lawyers to self-report violations of the rules
- C. A comment to the rule on conflicts of interest with a former client suggests that the rule does not apply if 10 years have passed since the prior representation.
- D. A lawyer must deliver the file upon the termination of the representation.
Attorney called with an inquiry. I listened, then replied:
“If you reasonably believe Client is telling you the truth, you can disclose it to the police or his family or someone who can help. You don’t have to disclose, but you aren’t prohibited from disclosing.”
What did Attorney learn from or about Client that prompted Attorney to call me?
With a hidden shout out to regular reader, here’s this week’s question 5:
This week, I’ve had the opportunity to speak with two fantastic groups of lawyers: the state’s prosecutors and the state’s public defenders. You can’t swing a dead cat in Vermont’s criminal courts without hitting a dedicated, competent public service attorney. To each group, thank you for all that you do.
Prosecutors and defense attorneys often ask me about Rule 3.8 and a prosecutor’s Brady obligations. As most of you know, Brady v. Maryland involved a prosecutor’s decision to withhold potentially exculpatory information.
What specific item of evidentiary value to the defense did the Brady prosecutor fail to disclose?