Welcome to Monday. It’s August 13th.
Friday’s Sinatra-themed questions are here. The answers follow today’s honor roll.
- Evan Barquist, Montroll, Backus & Oettinger
- Penny Benelli, Dakin & Benelli
- Alberto Bernabe, Professor, John Marshall Law School
- William V. Cristman, Jr.
- Andrew Delaney, Martin & Associates
- Bob Grundstein, Esq.
- Anthony Iarrapino, Wilschek & Iarrapino
- Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
- Jeanne Kennedy, JB Kennedy Associates, My Mom
- Tom Little, Little & Cicchetti
- Kevin Lumpkin, Sheehey Furlong & Behm
- Hal Miller, First American
- Lon McClintock, McClintock Law Offices
- Jeff Messina, Bergeron Paradis Fitzpatrick
- Herb Ogden
- Jody Racht, Assistant Attorney General
- Jay Spitzen, Esq.
Rule 1.2 makes it clear that the client controls the objectives of a representation, with the means by which those objectives are pursued left to the lawyer in consultation with the client. In addition, I often remind lawyers to set & manage client expectations, especially with clients who have unreasonably High Hopes.
With these thoughts in mind, I’ve used Sinatra to caution lawyers against taking the client who:
- A. Instructs the lawyer “thanks, but we’ll do it my way.”
- B. Calls, emails, or texts every day saying “call me!”
- C. Has a long list of ex-lawyers
- D. Can’t get no satisfaction
I warn about each of the 4. But the key word in the question was “Sinatra.” As he sang, “I did it my way.” B is the Blondie client, C is the Taylor Swift client (Blank Space), and D is the Rolling Stones client.
Love and Marriage.
True or false.
The rules specifically prohibit an attorney from representing a client in a matter in which a person whose interests are adverse to the client’s is represented by the attorney’s spouse.
False. But, see Comment 11 to Rule 1.7. “When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood, marriage, or civil union, there may be a significant risk that client confidences will be revealed and that the lawyer’s family relationship will interfere with boy loyalty and independent judgment. As a result each client is entitled to know of the existence and implications of the relationship between the lawyers before the lawyer agrees to undertake the representation. Thus, a lawyer related to another lawyer, e.g. as a parent, child, sibling, spouse or civil union partner, ordinarily may not represent a client in a matter where that lawyer is representing another party unless each client gives informed consent.”
Lawyer represents Organization. Organization is governed by a board.
Do the rules allow Lawyer to represent Chairman of the Board individually in a matter in which Lawyer also represents Organization?
- A. No.
- B. Yes.
- C. Yes, subject to the normal conflicts rules. See, Rule 1.13(g).
- D. Trick question. By representing Organization, Lawyer automatically has an attorney-client relationship with the Chairman of the Board in his individual capacity.
Lawyer meets with Client. Client isn’t focused on the subject matter of the representation and, instead, repeatedly tells Lawyer things like “Come Fly With Me,” and “Fly Me to the Moon!” Lawyer suspects that Client might suffer from a diminished capacity.
Under the rules, Lawyer’s initial duty is to:
- A. Withdraw
- B. Withdraw, unless Client agrees to a voluntary guardianship
- C. File for an involuntary guardianship
- D. As far as reasonably possible, maintain a normal client-lawyer relationship with client. See, Rule 1.14(a).
Sinatra won an Academy Award for Best Supporting Actor for a movie that was released in 1953. He played a soldier who befriended a former boxer. The former boxer resisted a superior’s efforts to get him to join the regiment’s boxing team.
According to Hollywood legend, the manner in which Sinatra obtained the role wouldn’t exactly comply with Rules 3.4 (fairness to opposing party & counsel) and 4.4 (respect for the rights of third persons). Indeed, legend has it that the famed “horse head in the bed” scene in The Godfatherrefers to the methods by which Sinatra obtained the role.
Name the movie, released in 1953, for which Sinatra won the Oscar for Best Supporting Actor.
FROM HERE TO ETERNITY