Five for Friday #107

Welcome to #107!

Sorry for the late post.  Serious case of writer’s block exacerbated by having stuff to do this morning.  However, while tardy, I have big news.

Due to popular demand, I’ve amended the #fiveforfriday rules.  Henceforth and heretofore, all 5 questions will be “open book, open search again, phone/text a friend.” That’s right – not just questions 1-4, but question 5 as well.

In other news, believe it or not, the Winter Olympics provide the tie to this week’s number.  And it’s not that Vermonters have won 107% of the US medals.  (I think we’ve only accounted for something like 98%.  Talk about competence and the little State that could!)

No, here’s the tie: the first Winter Olympiad was held in 1924.  The genesis of those first winter games?  A suggestion made 107 years ago.   The full story is here.  Check it out if you wish.

I don’t really pay attention to the winter olympics.  However, I’m easily entertained and, over the past week or so, I’ve derived vast entertainment from people who complain about NBC’s Olympic coverage.   A common complaint: “i don’t watch at night because it’s tape-delayed and everybody already knows what happened. It’s ridiculous!”

Folks, if that’s your biggest problem these days, the first thing that you should do tomorrow morning is to buy a Power Ball ticket.

Of course, I might not be so cavalier if social media had been around in 1980.  I’m referring to the Lake Placid Winter Olympics and the Miracle on Ice.  

Here’s an excerpt from the Wiki post about the famed USA-USSR hockey showdown in the 1980 games:

  • “Prior to the game, ABC requested that it be rescheduled from 5:00 p.m. to 8:00 p.m. Eastern Time, so that it could be broadcast live in primetime hours. However, the request was declined by the IIHF, after the Soviets complained that it would cause the game to air at 4 a.m. Moscow Time, as opposed to 1 a.m. Moscow Time. As a result, ABC decided not to broadcast the game live for the U.S. audience, and tape delayed it for broadcast during its primetime block of Olympics coverage instead.[22] Before the game aired, ABC’s Olympics host Jim McKay openly stated that the game had already occurred, but that they had promised not to spoil its results. In order to accommodate coverage of the men’s slalom competition, portions of the game were also edited for time.[23] To this day some of the people who watched the game on television still believe that it was live.”

There are a handful of athletic events for which I can recall exactly where I was watching.  That game is one of them.  I remember that I watched on the couch in our living room.  I am 107% certain that I was sick with some sort of sore throat and, as a result, had conned my mom into multiple bowls of ice cream during the game.

I don’t remember if I thought I was watching “live,” but I am certain that I watched not knowing the outcome.  I agree – the moment wouldn’t have been the same had I known the result.  So, for those of you annoyed by this year’s coverage from South Korea, I feel your pain.

Of course, I was 12.  So, you still make me laugh.

By the way, the US won the game 4-3. Mike Eruzione scored the winning goal with exactly 10 minutes remaining in the game.

10 minutes left.  The 7th goal.


Onto the quiz!


  • 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
  • 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
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

A financial institution must notify the PRB whenever an instrument drawn on an attorney’s pooled interest-bearing trust account is presented against insufficient funds,

  • A.  but only if the instrument is honored;
  • B.  irrespective of whether the instrument is honored.

Question 2

Here are 3 aspects to a specific rule.  

  1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
  2. the representation is not prohibited by law;
  3. the representation does not  involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.

What’s the 4th?

  • A.  each affected client gives informed consent, confirmed in writing;
  • B.  the deposit constitutes collected funds;
  • C.  the limitation is reasonable under the circumstances;
  • D.   other good cause for withdrawal exists.

Question 3

Attorney called me with an inquiry.  I listened and then said: “here is what the rule says – you ‘shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.’ ”

What specific topic did Attorney call to discuss?

  • A.   a trust account scam;
  • B.  a client who had filed a disciplinary complaint against Attorney;
  • C  a client who has filed a motion for a new lawyer;
  • D.  a client whose capacity to make adequately considered decisions in connection with the representation is diminished, whether because of minority, mental impairment, or some other reason.

Question 4

Lawyer’s practice focuses mainly on family law & criminal defense.  A few years ago, Lawyer took a personal injury case on behalf of an injured plaintiff.  Lawyer botched it and was sued for malpractice.

Plaintiff offers to settle the malpractice claim for $100,000 and Lawyer’s agreement to never again represent a personal injury plaintiff.

True or false:  the rules prohibit Lawyer from accepting the offer.

Question 5

I preach competence.  Well, the person who is the answer to this question was more than competent as an Olympian.

This year, there’s a third-year student at the University of Pennsylvania Law School who won Olympic gold as a U.S. figure skater in 2002.  Name her.










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