Medal Monday #205

It’s Memorial Day.  If you have a moment and are so inclined, the National Moment of Remembrance is at 3:00 PM.

Friday’s questions are here.  The answers follow today’s Medalists.


  • Matthew AndersonPratt Vreeland Kennelly Martin & White
  • Alberto Bernabe, Professor, John Marshall Law School
  • Erin GilmoreRyan Smith & Carbine
  • Benjamin GouldPaul Frank & Collins
  • Laura Gorsky, Esq.
  • Bob Grundstein, Esq.
  • Mark Heyman, Esq.
  • Glenn Jarrett, Jarrett & Luitjens
  • Keith KasperMcCormick, Fitzpatrick, Kasper & Burchard
  • Jeanne Kennedy, JB Kennedy Associates, Blogger’s Mom
  • Tom LittleLittle & Cicchetti
  • Pam Loginsky, Washington Association of Prosecuting Attorneys
  • Jack McCullough, Project Director, Vermont Legal Aid Mental Health Law Project
  • Hal Miller, First American
  • Herb Ogden, Esq.
  • Jay Spitzen, Esq.
  • Thomas Wilkinson, Jr., Cozen O’Connor
  • Peter Young, General Counsel, Vermont Railway System


Question 1

Fill in the blank. (choices are below)

“In the course of representing a client a lawyer ___________ make a false statement of material fact or law to a third person.”

  • A.   should not
  • B.   should take reasonable steps not to
  • C.   may
  • D.   shall not   V.R.Pr.C. 4.1

Question 2

I’ve often mentioned the 7 Cs of Legal Ethics.  This week, preparing a CLE for government attorneys, I realized that there might be an 8th.

While a government attorney likely won’t have to worry about “commingling,” a government attorney often must ask a question that lawyers in private practice do not:

  • Who is the _________?

The answer begins with the letter C.


Question 3

Speaking of the Cs, a rule involving one of them includes a comment that says:

  • “A lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved.  Ignorance caused by a failure to institute such procedures will not excuse a lawyer’s violation of this rule.”

What C?

Conflicts of Interest.  The language is from V.R.Pr.C. 1.7 Comment [3].  

Question 4

Lawyer called me with an inquiry.  My response included the words “scrubbing” and “spoliation,” as well references to several advisory ethics opinions that also speak of “scrubbing and spoliation.”

It’s most likely that Lawyer called because a client asked Lawyer:

  • A.   To withdraw.
  • B.   Whether the client could “take down” social media posts.
  • C.   Whether Lawyer would accept payment via PayPal or Venmo.
  • D.  To refund a retainer paid by a personal check that had been deposited to trust, but that did not yet constitute “collected funds.”

This post from September 2019 includes links to several social medial advisory ethics opinions, as well as to the Social Media Ethics Guidelines published by the New York State Bar Association’s Commercial & Federal Litigation Section.

Question 5

With Memorial Day in mind, believe it or not, there are lawyers who earned the distinction of being buried in at Arlington National Cemetery!  Yes Dad, posthumously!

Among them, William Howard Taft.  Having served as U.S. President and Chief Justice of the United States Supreme Court, Taft is the only person ever to lead two branches of government and was the first president buried at Arlington.

I don’t know whether Major League Baseball will return this summer.  If it does, I don’t know whether fans will be allowed to attend.  Someday, however, baseball stadiums will again include fans.

As he is with leading branches of government,  Taft is associated with not one, but two of baseball’s enduring game-day traditions.  The first is something that Taft did on the field, but that fans can only watch.  The second is something in which fans enthusiastically participate and one that, according to lore, became popular because of something Taft did in the stands.

Name either tradition.

Taft was the first president to throw out the “first pitch” on Opening Day and, according to lore, made the 7th inning stretch a thing.

Who was the first president to throw a first pitch on Opening Day ...

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