Five for Friday #156

Spring has arrived!

I’m in Flat Rock, North Carolina.  My dad and his wife live here.  Today, nothing but blue skies and temperatures in the high 60s.  Later today, I’m heading up to Asheville to run.  Tomorrow I drive to Tennessee to spend the night with an old friend and run in Sunday’s Knoxville Half Marathon.

(As it says in Comment [3] to Rule 1.3, “perhaps no professional shortcoming is more widely resented than procrastination.”  My goal this year is to run a half-marathon in at least 10 states or provinces.  I posted the goal to Instagram and Facebook on New Year’s Day.  Nothing like waiting until March 31 to get started.)

Anyhow, if you’re ever in Flat Rock, don’t forget to stop by Hubba Hubba Smokehouse. It’s the official North Carolina BBQ joint of this blog and is but a stone’s throw from Carl Sandburg’s home.

I spent yesterday morning at the Sandburg place.

Paltering alert!

I was running the trails through the vast property.

Like Vermont, Asheville is a hot bed of craft beer.  It wouldn’t surprise me if today’s post-run festivities include some local fare.  After all, when so close to Highland Brewing, why not make a vacation a Daycation?


And, finally, to tie it to the number.  Knoxville is 130 miles from my dad’s.   And the trip starts on I-26.

130 + 26 = 156.

Onto the quiz!

Question 1

A lawyer has a duty to reasonably consult with the client about the means by which the client’s objectives are to be accomplished.

  • A.   False.  The lawyer controls the means.
  • B.   False.   The lawyer shall abide by a client’s decisions with respect to the means by which the client’s objectives are pursued.
  • C.   True.
  • D.   It’s not clear from the rules.

Question 2

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.

  • A.   That’s a rule.
  • B.    Aspirational, and one would hope, but not a rule.
  • C.    Umm, the rule doesn’t say “third person,” it says “another party.”
  • D.   Incivility is not unethical.

Question 3

Can a lawyer ethically ask someone other than a client not to volunteer relevant information to another party?

  • A.   No.
  • B.   Yes, if the person is a relative, employee, or agent of the client.
  • C.    Yes, if the lawyer reasonably believes that the person’s interests will not be adversely affected by not giving such information.
  • D.    B & C

Question 4

Lawyer called me with an inquiry. I listened, then replied “the rule is very specific about when you can use or reveal information relating to the representation of a former client.”

I was referring to the rule on:

  • A.    Duties to Former Clients
  • B.    Competence
  • C.    Diligence
  • D.    Confidentiality of Information

Question 5

I’m no poet, but given that I’m in the area . . .

Talk about bad PR for the profession! Perhaps we need to be better at Question 2 (above)

Who wrote this poem?

The lawyers, Bob, know too much.
They are chums of the books of the old John Marshall.
They know it all, what a dead hand wrote,
A stiff dead hand and its knuckles crumbling,
The bones of the fingers a thin white ash.
       The lawyers know
       a dead man’s thoughts too well.

In the heels of the higgling lawyers, Bob,
Too many slippery ifs and buts and howevers,
Too much hereinbefore provided whereas,
Too many doors to go in and out of.

       When the lawyers are through
       What is there left, Bob?
       Can a mouse nibble at it
       And find enough to fasten a tooth in?

       Why is there always a secret singing
       When a lawyer cashes in?
       Why does a hearse horse snicker
       Hauling a lawyer away?

The work of a bricklayer goes to the blue.
The knack of a mason outlasts a moon.
The hands of a plasterer hold a room together.
The land of a farmer wishes him back again.
       Singers of songs and dreamers of plays
       Build a house no wind blows over.
The lawyers—tell me why a hearse horse snickers
       hauling a lawyer’s bones.

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