Five for Friday #162

Welcome to Friday!

I’m stuck.  Can’t figure out what to write about in this intro.

Normally, “162” would lead me to write about baseball.  Been there, done that about 162 times.

I’ve often used the date as inspiration.  5/10 reminds me of my grandfather.  For years, he worked at Hill’s 5 & 10 in Bradford.  But, I already blogged about Papa .

It’s Mother’s Day weekend. Alas, my mom took center stage earlier this year.

However, as kind as I was in that blog, I just realized something.  As I plan my weekend, I have serious questions about my mom and her sisters.

My mom is on the board at Lund. This weekend, Lund is hosting the 2nd Annual Pitchin’ for a Purpose cornhole tournament.  A bunch of teams are entered, including one named “So-Fa-Bu-Es.”  The team includes 3 of my mom’s sisters and a close family friend.  They played last year and decided to enter again.

One of the sisters, Martha, is injured.  Shoulder problems. She asked me to sub for her.  I agreed.  Because I’m as good a nephew as I am a son.

But what the heck?

Papa had a horseshoe pit.  I’ve been to a lot of picnics and BBQs over the years and seen scant evidence that his daughters ever used it.  How am I a “sub?” I should’ve been the first person named to this team!

More importantly, let’s talk about So-Fa-Bu-Es.  What kind of name is that?

Witty team names are awesome.  They’re one of my favorite aspects of pub trivia nights.  In 2006, I played on a team in the Vermont Pub Trivia Championship.  Team members:

  • Deb Emerson
  • Seth Emerson
  • Scott Bliss
  • Richard “Dickie Mac” McAvenia
  • Patrick Kennedy
  • Michael Kennedy

1 gal and 5 guys in a pop-culturish event?  Mulva & The Low Talkers.

THAT is a team name!

(Aside: umm, we won.  State champs baby!  We edged out another cleverly named team: Shadoe Stevens for the Win.)

A few months ago, the intro to the quiz was about Shakespeare. Elizabeth KruskaWesley Lawrence submitted answers under the team name As You Like It.  Stephanie Romeo & Charles Romeo have entered under the name Mr. & Mrs. Hadley v. Baxendale.

Anyhow, So-Fa-Bu-Es. 

The theory behind the team name is:

  • it sounds like “so fabulous!”
  • the sisters live in South Burlington, Fairfield, and Essex.

Umm, ok.

I know which of Papa’s daughters picked it.  I’ll leave it at this: it wasn’t either of the 4 aunts he gave me.

On that note, I suppose I should stop writing and prepare for the fallout.  Failing to prepare is preparing to fail.  As part of my preparation, I’ll end with this.

On Mother’s Day weekend, I’ll be with my mom, my godmother, and the moms who raised my fantastic cousins.  I love each of them very much and I’m looking forward to doing something together for a good cause.  Even if we don’t score a single point, it’s going to be sooooooo fabulous.

But we better score some damn points.

PS: my mom and her sisters can sing! Combine their vocal talent with my pinpoint accuracy – and my (secret) affinity for a particular movie – our team name next year:

Pitch Perfect.

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

By rule, a lawyer shall not make a false or misleading communication about the lawyer or the lawyer services.   Which of the following violate(s) the rule?

  • A.  Material misrepresentations of fact or law.
  • B.  Communications that omit a fact necessary to make the statement, considered as a whole, not materially misleading.
  • C.  Both A & B.
  • D.  Trick question.  There is no such rule.

Question 2

You’re at a CLE.  You hear me say:

  • “The privilege is different from the rule.  The rule talks about ‘information relating to the representation.’ A comment to the rule makes it clear that this encompasses more information than is covered by the privilege.”

What was I talking about?  The rule on:

  • A. Client confidences.
  • B.  A lawyer’s duties upon the receipt of inadvertently produced information.
  • C.  Former Clients.
  • D.  Prospective Clients.

Question 3

Consider the following:

  1. instruments drawn on banks;
  2. checks drawn on an IOLTA of a licensed Vermont lawyer or on the IORTA of a licensed Vermont real estate broker;
  3. checks issued by the United States or the State of Vermont;
  4. personal checks, not to exceed $1,000 in the aggregate per transaction; and,
  5. checks drawn on or issued by insurance companies, title insurance companies, or title insurance agencies that are listed in Vermont.

They are:

  • A. signs of a potential trust account scam.
  • B.  instruments that MUST NOT be deposited into an IOLTA
  • C.  instruments that MUST NOT be deposited into an operating account.
  • D.  instruments that a lawyer may presume to constitute “collected funds” upon deposit.

Question 4

There’s a rule that prohibits extrajudicial statements that will have a substantial likelihood of materially prejudicing an adjudicative proceeding.   Which is most accurate?

  • A.  It applies only to the prosecutor in a criminal case.
  • B.  It applies to “any lawyer participating in a criminal case.”
  • C.  There are no exceptions to the general prohibition.
  • D.  It applies to any “lawyer who is participating or has participated in the investigation or litigation of a matter,” whether criminal or not.

Question 5

I’m the chair of the VBA’s Pro Bono Committee.  Also, this evening, I’m speaking at the Vermont Bar Foundation’s Justice Fest.

Cheslie Kryst is an attorney at a firm in North Carolina.  Over the past few years, she provided a significant amount of pro bono work to inmates seeking shorter sentences.  Yes!

Last week, Attorney Kryst made national news.   Why?

  • A. She was crowned Miss USA.
  • B. She appeared in an episode of Game of  Thrones.
  • C. She became engaged to one of her pro bono clients whose sentence was commuted as a result of her work.
  • D.  She defeated James Holzhauer on Jeopardy, ending his stunning reign as champion.









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