Five for Friday #111

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!


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  • 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

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.

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”
  • 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.

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.

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?

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4 thoughts on “Five for Friday #111

  1. Love your blog this am, Michael. 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! Regards, Katherine Zachary (formerly Pope)

    Sent from my iPhone


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