Five for Friday #113

Welcome to #113!

#113 on Friday the 13th?  Whoa.

Unlike Michael Scott, I’m not just a little stitious.  I am super stitious.

Take the quiz at your own peril!

Most of my superstitions involve sports or eating.  I’m not going to go into great detail about them.  I suppose I could simply tell you that, like birthday wishes, it’s bad luck to share superstitions.

Of course, that would be a lie.  It is not bad luck to share superstitions.  And one of my superstitions is that it’s bad luck to lie about superstitions.  So, I’ve no choice but to confess the true reason that I’m not going to go into great detail about my superstitions:

I don’t feel like blogging today.

(echoes of “hallelujah!” are reverberating throughout the Champlain Valley)

Suffice to say, the Red Sox likely wouldn’t have won the 2004 World Series had I not stood while they were in the field and sat while they batted during the final 3 gut-wrenching games of the ALCS against the Yankees.

Oh, and if you want to ensure the best possible meal when eating at a restaurant, keep the following in mind:

  • order last;
  • don’t tell anyone what you’re going to order;
  • have a few options, because it’s horrible luck to order the same thing as someone else with whom you’re eating.

Trust me.

These things are endearing when you first get to know me.  Not so much as our relationship evolves.  At least that’s what I’ve been told.

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

How about a 50/50 to start?

There’s a rule that “a lawyer shall not engage in undignified or discourteous conduct which is degrading or disruptive to a tribunal.”

Does the rule apply to depositions?

Yes or no.

Question 2

By rule, when must a lawyer provide a client or third person with a full accounting of funds or property that the lawyer held for the client or third person?

  • A.  upon request by the client or third person
  • B.  upon the termination of the representation
  • C.  monthly
  • D.  regularly

Question 3

True or false.

In an ex parte proceeding, a lawyer does not have a duty to inform the tribunal of material facts that are adverse to a client’s position.

Question 4

Lawyer works at Firm.  In addition, Lawyer often provides short-term legal services under the auspices of programs sponsored by nonprofits and a local court.  When providing such services, neither Lawyer nor clients have an expectation of continuing representation.

As such, while providing the short-term legal services,

  • A.  Lawyer’s duty of competence is relaxed.
  • B.  The trust accounting rules do not apply.
  • C.  Client’s statements to Lawyer are not confidential.
  • D.  The conflicts rules are relaxed.

Question 5

When you believe in things that you don’t understand, then you suffer.  Superstition ain’t the way.

Johanan Vigoda was a lawyer.  In 1971, Vigoda helped a client who was a musician to negotiate a contract with a record company.  Per the terms of the contract, the musician had to pay 6% in royalties to Vigoda indefinitely & forever, including to Vigoda’s heirs after Vigoda’s death.

Vigoda died in 2011.  In 2013, the musician learned that the record company was still making royalty payments to Vigoda’s widow.  The musician ordered the payments to stop.  The musician sued, seeking an order that he was not required to continue to pay royalties beyond Vigoda’s death.  The musician claimed that Vigoda had duped him into signing the contract, never telling him that it called for “forever” royalty payments.

Vigoda’s widow counter-claimed.  She claimed that Vigoda’s regular practice was to read the terms of any proposal, agreement, or contract to the musician. Thus, she alleged that the musician had agreed to and signed the contract after Vigoda read it to him.   She sought more than $7 million in royalty payments that had not been made between 2013 & 2015.  Last summer, the musician and Vigoda’s widow settled the dispute.

Name the musician.  (the writing should be on the wall.)






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