Five for Friday: #88

Welcome to #88!

Just kidding.  There is no #fiveforfriday this week.

Oh wait, yes there is….it’s that there’s no scam targeting lawyers this week!  Sorry, I get confused.

Anyhow, what to say about 88?  Those who know me best would be very disappointed if I said anything other than what I’m about to.

In February, I was in Miami for the annual meeting of the National Organization of Bar Counsel.  The meeting ended on the day before the Super Bowl. Once it ended, I rented a car and drove to Key West.

The Keys perfectly suit my No Shoes Nation lifestyle.  And, Key West is where my buddy Daren lives.  We met in about 3rd grade.  Now, Daren splits time between South Burlington & Key West.  He and his girlfriend let me crash for the weekend.

Daren owns the Viva Saloon, official southern-most bar of Ethical Grounds.  That’s where I watched the Super Bowl.

The manner in which the Falcons blew game remains unbelievable.  Even more unbelivable? Look who stopped into Viva after the game and sat down next to me.


That’s my 88 story.  Bonus points in the quiz to anyone who can tell me what, specifically, it’s got to do with 88.

Oh, and since I constantly harangue you about competence, and since I’m a basketball guy, and since we’re in Week 88, and since it’s September 29 . . . happy birthday Kevin Durant!  KD was born on September 29, 1988.  In my opinion, he’s the most competent player in the world today.  Plus, thanks to this sequence, Kyrie is a Celtic!

Finally, to my readers who think I don’t mention Prince enough, it was on September 29 that Let’s Go Crazy reached #1 on the Billboad charts.  Alas, 1984, not 1988.

Onto the quiz!


  • None.  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • E-mail answers to
  • 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
  • Share on social media.  Hashtag it – #fiveforfriday

Question 1

Prospective Client consults in good faith with Lawyer, with an eye towards retaining Lawyer.  However, Client chooses not to retain Lawyer.  Client notifies Lawyer of the decision.

Per the rules, Lawyer continues to owe Prospective Client a _____________, but in somewhat relaxed fashion as compared to a former client.

  • A.   Duty of Loyalty
  • B.   Duty to Maintain Client’s Confidences
  • C.   Neither A nor B
  • D.  Both A & B

Question 2

Which must a lawyer keep for 6 years following the termination of a representation?

  • A.   The file
  • B.   Client confidences
  • C.   Complete records of funds held in trust and other property
  • D.  Electronic communications with the client

Question 3

Attorney called me with an inquiry.  I listened, then said:

  • “Client hasn’t paid in 8 months? Assuming nothing crucial is imminent, my position is that you’re permitted to file the motion.  Whether the court grants it is another question.  The question will be whether there will be a material adverse effect on your client.”

What type of motion?

Question 4

Attorney represents Irving in the civil matter Irving v. James.   Lawyer represents James and has retained Expert Witness.

Whether Attorney can contact Expert Witness without Lawyer’s permission is likely governed by:

  • A.  Rule 4.2 (the no-contact rule)
  • B.  Rule 1.6 (information relating to the representation)
  • C.  The Rules of Civil Procedure
  • D.  The Rules of Evidence

Question 5

When we first met Mike Ross, he hadn’t gone to college or law school, but was earning money by taking (and passing) the LSAT for others.  Then, to earn money to pay for his grandmother’s medical care, Mike agreed to deliver marijuana for a friend.  Somehow he managed not to be arrested in the ensuing sting and, almost impossibly, ended up with a job interview at a law firm.

He was hired.  As a lawyer. Even though Harvey, the partner who interviewed him, knew that Mike had not taken the bar exam or been admitted to practice.

After several years in practice, Mike was charged criminally with fraud & the unauthorized practice of law.  While the jury deliberated, Mike agreed to a plea offered by Anita, the U.S Attorney who was prosecuting him.

After serving a prison stint, Mike passed the bar, with only review by the Character & Fitness Committee standing between him and admission.  Yikes! Guess who bribed her way onto the committee charged with reviewing his application??? Anita!!  She did so not only to keep Mike out, but to try to prove her theory that Harvey (and others) had known all along that Mike wasn’t a lawyer!

Amazingly, Mike was admitted and spent the show’s most recent season as a duly licensed member of the New York State Bar.

Name the tv show.