Carvel’s

Wow! I had no idea that a post about Carvel & WPIX would resonate with so many. Thank you readers for sharing your thoughts! I’ve pasted some of them in below the answers.

Friday’s questions are here. The answers follow the Honor Roll.

Honor Roll

Karen Allen, Esq.
Matthew Anderson, Pratt Vreeland Kennelly & White
Evan Barquist, Montroll, Backus, & Oettinger
Penny Benelli, Dakin & Benelli
Leslie Black, Black & Govoni
Robert Grundstein, Esq.
Gregg Harris, Assistant Attorney General, Buildings & General Services
Glenn Jarrett, Jarrett & Luitjens
Keith Kasper, McCormick, Fitzpatrick, Kasper & Burchard
Jeanne Kennedy, JB Kennedy Associates
Shannon Lamb, Pratt Vreeland Kennelly & White
John Leddy, McNeil, Leddy, & Sheahan
Michael Lipson, Esq.
Lon McClintock, McClintock Law Offices
Jeffrey Messina, Bergeron Paradis Fitzpatrick
Hal Miller, First American
Herb Ogden, Esq.
Nancy Rogers, Chamberlin Elementary School
James Runcie, Ouimette & Runcie
Jay Spitzen, Esq.
Allison Wannop, Esq.
Thomas Wilkinson, Jr., Esq, Cozen O’Connor
Carole Zangla, Grafton County (N.H.) Senior Citizens Council
Peter Zuk, Kyocera Copiers, PRB hearing panel member

Answers

Question 1

What’s Vermont’s rule? A lawyer shall:

A. Charge a reasonable fee.
B. Not charge an unreasonable fee.
C. Not charge or collect an unreasonable fee.
D. Not make an agreement for, charge, or collect an unreasonable fee. V.R.Pr.C. 1.5(a).

Question 2

Fill in the blank.

The third comment to a particular rule defines __________ ___________ as involving “the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representationw would materially advance the client’s position in the subsequent matter.”

It’s the definition of:

A. when matters are “substantially related”. V.R.Pr.C. 1.9(a), Comment [3].
B. what type of information qualifies as a “client confidence”
C. a concurrent conflict of interest
D. a non-waivable conflict of interest

Question 3

Which is different from the others?

A. Friending an adverse & represented party.
B. Reviewing a potential juror’s Twitter account.
C. Advising a client to “take down” social media posts.
D. Crowdfunding litigation.

“A” is most likely to be a rules violation. Violations including contacting a represented party and engaging in dishonest conduct. For more, see these advisory opinions from the District of Columbia, New Hampshire & Massachusetts.

Reviewing a juror’s public Twitter feed is not a violation. Arguably, the duty of competence requires it.

Crowdfunding is not a violation. I’ve blogged about it here.

Advising a client to “take down” social media posts is not, in and of itself, a violation. For example, see these advisory opinions from Florida and Pennsylvania

Question 4

Isaiah meets with Lawyer to discuss a potential claim against Lonzo. Isaiah mentions that Attorney represents Lonzo Attorney and Lawyer are married to each other.

Which is most accurate in Vermont?

A. Lawyer is prohibited from representing Isaiah.
B. Lawyer is prohibited from representing Isaiah unless Isaiah provides informed consent that is confirmed in writing.
C. Lawyer is prohibited from representing Isaiah and the conflict is imputed throughout Lawyer’s firm.
D. Both Isaiah & Lonzo are entitled to know of the Attorney/Lawyer marriage and, ordinarily, Attorney & Lawyer may not continue unless each client gives informed consent. V.R.Pr.C. 1.7, Comment [11]

Question 5

A woman named Linda passed away earlier this week. She was 76 and grew up in Topeka, Kansas. I don’t know whether anyone who reads this blog ever met her. But, I’m positive that nearly every single person who reads this blog & who went to law school read about her in class.

What was Linda’s last name?

Linda Brown was 8 years old when she was turned away from Sumner Elementary School in Topeka. 4 years later, the U.S. Supreme Court issued its decision in Brown v. Board of Education. Linda’s passing was covered by many outlets, including NPR, the Huffington Post, the Chicago Tribune, and the New York Times.

*************************************************************************************Comments on WPIX & Carvel’s Ice Cream

Your post today brought back some fond memories for me as well, I grew up in Northern NJ and used to watch channel 11 regularly. As for the Carvel commercials and can still hear “Cookie Puss” and “Fudgie the Whale” in my mind if I close my eyes…
Get Smart was a silly favorite of mine.
How could you forget the classic (and now most politically incorrect!) F Troop?! Sgt. O’Rourke, Cpl. Agarn, the Hekawi’s. Only 65 episodes
Carvel’s was almost closest to my house; not as high quality as Marcus Dairy, out on Rt. 7, but closer…and we always had a craving for their “Flying Saucers”, wonderful ice cream sandwiches with crispy chocolate wafers! Bought them by the dozen to put in the freezer. I even remember “Mr. Carvel” who did the tv ads…can’t remember the pitch, but he was an “old guy” with a mellifluous voice.
What about The Mod Squad!?!? Linc was the best! Peggy Lipton won an Emmy!
WPIX – Home of the Yankees. My sister’s roommate in college was Cindy Rizzuto, The Scooter’s daughter. “Holy Cow, can you believe that?” AND …..There was nothing I wanted more on my birthday than a Carvel Ice Cream Cake.
Did you actually watch Yankee games on WPIX? How did your Dad allow that?
Wow, that Magic Garden song made me laugh out loud.
I did live near a Carvel – and yes – that was a treat – BUT, what I recall was going to a place called Jahn’s Ice Cream Parlor. They had “everything but the kitchen sink” and it served at least 8. It was served in a mini kitchen sink – with all flavors. Kind of disgusting, actually. They also had a .02 cent plain. This was a glass of seltzer. I love how your intros each week bring back memories.
Your blog on Carvel and WPIX brought back so many memories. Hours spent watching Abbott and Costello reruns, Superman, Batman and not to mention Chiller Theater. It was the only station on TV that regularly got me into trouble. My mom thought Batman was way too violent and Chiller was beyond the pale. That being said, she had no objections to watching The Bells of St. Mary’s or John Wayne in the Quiet Man, movies that ran almost monthly on WPIX. Between WPIX in the afternoon and MAD magazine, I expressed my grade school rebellion. Oh those days.
Love your blog this am,Especially since I grew up in Queens and Carvel was the height of taste bud heaven. To this day, I love ice cream! And who says ice cream doesn’t help one’s bp? Here’s to Carvel and WPIX!

Welcome to #111!

111 is probably how much my Dad’s blood pressure rose during the Sox game yesterday. As they say, hope springs eternal, or at least until your bullpen blows its first game.

But it’s nothing that ice cream can’t cure! And that’s what 111 reminds me of – ice cream.

Wait, when I said it’s nothing that ice cream can’t cure, I meant the Red Sox part, not the high blood pressure part. Dad! Stick to your pills! I repeat: do not treat high blood pressure with ice cream!

When my brother and I were kids, we basically had 4 channels. Channel 3, Channel 5, and Channel 22 were the local network affiliates. And then there was our favorite: WPIX. Channel 11 out of New York City.

I don’t really remember exactly what we watched on Channel 11. Definitely Batman and Magic Garden (yes, THAT Magic Garden). And cartoons. I specifically remember Mighty Mouse, Felix the Cat, and Tom & Jerry. Also, both of us are positive that Channel 11 was our source for half-hour upon half-hour upon countless half-hours of syndicated sit-coms. Indeed, last night, as we tried to remember which shows we watched there, we mentioned several: Brady Bunch, Gilligan’s Island, I Dream of Jeannie, Hogan’s Heroes, and The Odd Couple. Was each on WPIX? Probably not. But in our minds, if it’s a good show, it was once in syndication on Channel 11.

I do remember this: we watched Channel 11 all the time. Thank god for parents who went to work and didn’t get sitters in the summer. Those were the days.

So what’s this got to do with ice cream?

The commercials. Does anyone remember Carvel Ice Cream?

I’m pretty sure that 11 out of every 10 commercials on WPIX were for Carvel. And let me tell you, they worked. I spent years craving, craving, and craving an ice cream sheet cake or, even better, a Lollapalooza. But NYC was so far away. And the Yankees played there.

Then it happened.

A Carvel’s franchise opened out on North Avenue. Alas, we lived by the airport, so we rarely went. I mean, it had to be at least 5.5 miles from home. Meanwhile, Al’s was a half-mile away, Hojo’s not much further. Damn gas prices in the 70’s.

But we went a few times! I definitely got my Lollapalooza. And I’m pretty sure that an ice cream cake loaded with sprinkles appeared at a birthday party or two.

Yet, it’s not a sheet cake or Lollapalooza that remains etched in my brain. It’s the memory of the taste of a Carvel’s orange creamsicle. You might say I haven’t lived, but, to young me, no better food had ever been invented. And WPIX 11 was the only reason I ever ended up tasting it.

WPIX. Commercials. The memory of an orange creamsicle. That’s why 111 makes me think of ice cream.

P.S: speaking of Magic Garden, my brother reminded me that Carole graduated from UVM.

Onto the quiz!

Rules

None. Open book, open search engine, text/phone/email-a-friend.
Even question 5!
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
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