Monday Musical Ethics , 8/31/2020: A Number From Today’s Seminar!

Good afternoon!

We ran out of time and had to dash through our last number on today’s version of Ethics Rock (By the way, Mike Messer really looks like the logo, which was designed before we found him), so I’ll let the legal ethics whizzes here (and everyone else: non-layers often do better on these quizzes than lawyers do—take a shot at the questions…Are you ready? “NJSBA” means “New Jersey State Bar Association,” you stress the “J” to make it scan.

“The Day My Ethics Died”

[A ProEthics legal ethics parody to the melody of “American Pie” by Don McLean]

A long, long, time ago,
I can still remember
Legal practice used to make me smile
And I knew if I could get my shot
I’d win my cases, like as not,
And then I could drink Chivas for a while.

But ethics rulings made me nauseous
I’m no good when over-cautious.
Clients give a cruel look
When they see you check the rule book.

I can’t remember if I cried
When I finally knew my brain was fried…
I took the rules and looked inside,
The day my ethics died.

So, hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Oh, I’m the king of slip and falls
My suits make safer lawns and halls
(At least my wallet tells me so.)

My client, Mick, is lame and sore
Since he hit his head on a banker’s floor
And his injury has left him kinda slow.

Now his father has me change his will
To take out Mick and give him nil;
I know its Dad’s estate—
But doing this to Mick I hate!

Then there’s the day when Mick pulls out his gun
And points to strangers in the sun
He says, “I’d like to shoot them, one by one!”

The day my ethics died.

And I am singing,

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Crying, lying, everything I’m trying
But Mick is nuts, there’s no denying
I do what he says and we’re dead.

This guy hears commands from Outer Space
And that strange expression on his face
Tells me something has pulled loose inside his head.

He’s pushing theories that won’t fly
And making arguments that I
Would never use in court…
Perhaps I should abort!

Or instead, before his fate is sealed
A guardian can make him yield;
I should have found a better field
Before my ethics died.

So now I’m singing,

Hey, hey, Mister VSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Then, surprise! Just as I’m feeling sick
A settlement is offered Mick…
A deal like this won’t come again…
So come on Mick, be prudent, don’t be slow!

Drop the claim and take the dough
I’m sayin’, as your lawyer and your friend!

But Mick says no, it’s not enough
I argue, beg, and then get tough:
“You take it, or I’m through!
I’ll quit unless you do!”

Then as a last resort, I shout out, “Hey!”
“The Space Lords dictate what I say!”
And Mick says, “Really?! Then okay!”
The day my ethics died.

So I was singing

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

When the check arrived for Mick to take
He admitted that his pain was fake,
And I just groaned and turned away.

I tried to learn from CLE
But I fell asleep so rapidly
Though the man there gave me credit anyway.

And in the court the judges screamed
The juries drooled and the clients schemed
But nothing really mattered
My ethics all were shattered.

And the three things that inspired me
Justice,
Love, and a
Giant fee
Just seemed to be a mockery
The day my ethics died.

We started singing…

Hey, hey, NJSBA

Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

[SING ALONG!]

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”

Questions…

I’ll post the answers, or at least my answers, later this week.

5 thoughts on “Monday Musical Ethics , 8/31/2020: A Number From Today’s Seminar!

  1. I tried to answer but without knowing the rules of the game it was a crapshoot. Given that answers of yes and no were somewhat evenly divided the answers would not be obvious to a lay person.

    As for the final question about fraud. One would hope that the answer is yes but I answered no – case closed because of the fiduciary relationship. A lawyer that knows a client committed murder because of a client confession is not obligated to harm his client by disclosing such a confession, or am I mistaken.

    My thinking is that when faced with conflicting ethical choices fidelity to the client’s interests are paramount.

    • I clicked “No”, although I sort of bypassed the ethics problem. Even if the “pain” were fake, if the psychological symptoms were real and caused by the accident, that would still justify the settlement. “Pain” is subjective.

      Using the “voices” to successfully convince the client to accept the settlement suggests the symptoms are real. This manner of persuasion, however, seems unethical. Getting the guardian assigned, who then accepts the offer would be the responsible approach.

      Removing his client from the will puts the lawyer in a bad position. If the father really wants his son to get nothing, it would seem to require more than the standard will, as the lawyer will have to carefully navigate various laws the cover inheritance. This requires a diligent effort that is presumably contrary to his client’s interests. The lawyer should pass.

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