Five for Friday #138

I don’t like winter.  At all.

Anyhow, a few nonlawyer friends poked fun at lawyers in response to yesterday’s post on the Florida Supreme Court’s opinion on judges and their Facebook friends.  They found it comical that, only in the law, would you need 2 pages of “mumbo jumb” to define the word “friend.”

Point taken.

But, as I stare at 8 inches of snow, I wish more of you who wished for snow for the holidays would’ve consulted a lawyer before transmitting your wish. Because while we might have needed a lot of mumbo jumbo to define “friend,” we would have used that mumbo jumbo to specify that your wish:

  • “does not include, and in fact excludes, any holiday, religious or secular, that falls closer to the United States federal holiday known as ‘Veterans Day’ than to the United States federal holiday known as ‘New Year’s Day,’ with this clause referring to the ‘Veterans Day’ in any particular calendar year and the ‘New Year’s Day’ that falls in the next calendar year, as determined by the schedule published by the United States Office of Personnel Management, with ‘publishing’ including, but not being limited to, electronic availability.”

Axl did not sing about November Snow. This is ridiculous!

Snow Day

But it’s my fault.  My superstitions failed me.

I’m pretty lazy.   I put off even the simplest of tasks as long as possible, and then some.  One task that falls prey to my procrastination more often than others is changing over to winter tires.  Not this year.

No, this year I dropped off my car on November 6.  Part of my thinking was “if I put them on early, it’ll never snow!”  It’s like when I make sure to pack an umbrella when I drive to Fenway.  If I do, it won’t rain.

Fresh off my new lock screen having won the World Series for the Red Sox, I was confident I’d guaranteed a mild winter.

Apparently the umbrella theory doesn’t apply to winter tires.

Anyhow, cabin fever is already setting in.  But it’s not all bad.  The weather resulted in a very positive experience on the way to work.

I slipped and fell as I walked from the parking garage to the office this morning.  Two college-aged guys were walking from the other direction and saw me fall. I was sure they’d mock me.


One clapped and gave me a high-five as he said “you saved the coffee! that’s awesome!”

He was right. I didn’t spill my coffee.  Years of crowded bars finally paid off.

And you know what?  As mad as I was at the weather, and as mad as I was at falling, and as mad as I was at knowing that 138 days from now we could very well be experiencing a similar storm, the guy made me laugh.  He changed my whole outlook on the day.  He won his 3-feet of influence.

Do the same for someone today.  You never know what a difference it’ll make.

Onto the quiz!


  • None.  Open book, open search engine, text/phone/email-a-friend.
  • Exception – but one that is loosely enforced – #5 (“loosely” = “aspirational”)
  • 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

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

  • “the rule refers to court costs and expenses of litigation, and says that repayment may be contingent upon the outcome.”

What did Lawyer call to discuss?

Question 2

With respect to legal ethics, the phrase “going up the ladder” is most often used in connection with the duties of attorney who:

  • A.  prosecutes criminal cases
  • B.  knows or should know that the attorney made a mistake
  • C.  is being paid by someone other than the client
  • D.  represents an organization

Question 3

Former Client thinks Attorney committed malpractice.  They meet.  Former Client is not represented, but is willing to accept Attorney’s settlement offer.

By rule, what must Attorney do before settling ?

Question 4

What’s the topic of the rule associated with these words & phrases:

  • extrajudical
  • a lawyer involved in the investigation or litigation of a matter
  • disseminated by means of public communication
  • will have a substantial likelihood of materially prejudicing the proceeding

Question 5

In honor of Stan Lee, who passed away this week . . .

Jennifer Walters graduated from the UCLA School of Law and eventually practiced law at the firm of Goodman, Lieber, Kurtzman, and Book.  There, she represented Arthur Moore, a client who had been charged with robbery.   The charge was dismissed after Walters successfully argued that all of the evidence against Moore had been seized during a traffic stop & search that violated the 4th Amendment.

Shortly thereafter, Moore disclosed information to Walters that caused her to go green with anger.  She was so angry that she punched him in the face, knocked him through the wall into the street, and disclosed his confidences to the crowd that gathered after he went crashing through the wall.  As a result, she was disbarred.

No matter, for Jennifer Walters, law was just a side job. Her true calling is as a super hero.

Who is Jennifer Walters when she transforms into her super hero alter ego?






One thought on “Five for Friday #138

  1. ​Michael–So sorry about your fall . . .I’m so happy you didn’t break a bone—did you? Now, if you hadn’t fallen, though, you wouldn’t have had that comforting response from a stranger . . . hmm . . . Aunt Claire


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