Five for Friday #129

21 years ago today I went to Albany (NY) to visit Todd Sinkins, one of my law school roommates.  I remember that I went with Erin, a woman I was dating at the time, but I don’t recall why we went.

So, why do I recall it at all?

Because I remember having just exited interstate 87 onto Western Avenue when we heard that Princess Diana had died.

For some odd reason, I’m fascinated by events that are seared into the memories of an entire generation.  For example, both of my parents know exactly where they were when they learned that JFK had been assassinated.  And each has a clear memory of being at my grandparents’ house in Bradford on the day of the first moon landing.

Actually, it’s not necessarily the events that fascinate me.  It’s whatever “it” is that causes an entire generation to remember an event forever.  Sadly, tragedy & grief appear to be the tie that binds us all.  For example, I’m guessing that most in my grandparents’ generation have vivid memories of where they were & what they were doing when they learned that Pearl Harbor had been attacked.  And, for people my age, I’m fairly certain that 9/11 is “that” event.

Last night, I wondered whether Diana’s death qualifies as well.  So, I thought I’d throw the question to my readers – what are the events seared into the memories of your generation or, as I suppose is the case with 9/11, multiple generations?

Feel free to share.  The aspect of this Friday column that I like the most – in fact that I love – are the stories you send in response.  Last week’s stories of memories of fairs, endless summers, and young crushes were amazing.  Indeed, the column sparked more stories from my readers than any other, moving ahead of your superstitions and your respective stances in the Beatles v. Stones debate.

Now, a ground rule.  I’m not referring to something that just you will always remember.  For instance, I’ve shared my indelible memory of costing the Red Sox the 1986 World Series. Or, I have a reader who will never forget where he was when he learned that Frank Sinatra had died.  (I see you Uncle Drew!) For this exercise, neither would count.  I’m looking for collective memories.

I look forward to hearing from you.  In the meantime, I hope you have a fantastic long weekend, one that includes lots of things that have nothing to do with work.

Oh, and for you persnickety readers who prefer every Friday column to be tied to the week’s number, fear not!  Diana was born and married in July.  Respectively, on the 1st and 29th.  So, there you have it: 129.

Onto the quiz!

Image result for diana

RULES

  • None.  Open book, open search engine, text/phone/email-a-friend.
  • Exception – but one that is loosely enforced – #5 (“loosely” = “aspirational”)
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • E-mail answers to michael.kennedy@vermont.gov
  • I’ll post the answers & Honor Roll on Monday
  • Please don’t use the “comment” feature to post your answers
  • Please consider sharing the quiz with friends & colleagues
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

Lawyer called me with an inquiry.  My response included the following words and phrases:  “knowledge,” “violation,”  “substantial question,”  and “honesty, trustworthiness, fitness.”

What did Lawyer call to discuss?

  • A.  Informing a court that a client had testified falsely in a civil matter.
  • B.  Informing a court that a criminal defense client had testified falsely.
  • C.  Reporting another lawyer’s misconduct.
  • D.  Whether reciprocal discipline would be imposed in Vermont as a result of Lawyer being sanctioned in another state.

Question 2

The conflicts rules are NOT relaxed for:

  • A.  Lawyers who transfer from one private firm to another.
  • B.  Lawyers who move from government practice to private practice.
  • C.  Lawyers who provide short-term pro bono services under the auspices of a program sponsored by a nonprofit or court.
  • D.  All of the above.

Question 3

You’re at a CLE.   You hear me say:  “yes, it’s okay as long as  (1) your client gives informed consent; (2) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and (3) information relating to the representation of your client is protected as required by Rule 1.6.”

What did someone ask if it was okay to do?

  • A.  Accept compensation for representing a client from someone other than the client.
  • B.  Request that guardian be appointed for the client.
  • C.  Represent co-defendants in a criminal matter.
  • D.  Talk to the media in a client’s case.

Question 4

Client provides Lawyer with an advance payment of $2,000.  Lawyer has yet to do any work for Client.

Which is most accurate?

  • A.  The fee agreement must be confirmed in writing.
  • B.  The fee agreement must be confirmed in a writing that is signed by Client.
  • C.  The $2,000 must go into Lawyer’s pooled interest-bearing trust account (“IOLTA”).
  • D.  Lawyer may treat the money as Lawyer’s own if Lawyer confirms in writing (i) that the fee is not refundable; and (ii) the scope of availability or services that Client will receive.

Question 5

Speaking of the JFK assassination . .  .

. . . Jules Mayer was a lawyer in Dallas.  In 1950, Mayer drew up a will for a client.  The will named Mayer as the executor the client’s estate.

The client died in 1967.  A dispute quickly arose, as the client’s family contended that the client had changed his will on his deathbed to remove Mayer as executor.  Mayer refused to make the change and kept the original will.

In 1991, after a lengthy legal battle, a probate court granted the family’s petition to remove Mayer as executor after concluding that he had mismanaged the estate.

Central to the dispute was gun associated with the JFK assassination.  Mayer’s client bought the gun for $62.50.   After winning their legal battle with Mayer, the client’s family sold the gun for $220,000.  Fortunately for the family, Mayer had safeguarded the gun, holding it in trust for 24 years.

Two-part question:

  1. Who was Mayer’s famous client?
  2. Who was the most famous victim of the client’s gun?

 

 

 

2 thoughts on “Five for Friday #129

  1. The death of CIA director William Colby was a significant day for me. The circumstances were miserable (disappeared from his canoe). It seemed to be a vendetta and represents the administrative change from people who insisted the U.S. behave like a principled Republic to the new, post Viet Nam behavior as an Empire.

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