Five for Friday #165

Welcome to Friday!

With Memorial Day in the rearview, I took a drive today.  Time to emancipate.

Whoops…wrong blog.

What I meant to say is that with Memorial Day in the rearview, I intended to use today’s intro to remind you that, while not even here yet, summer will be over before we know it.  I expected to remind you to make time to enjoy it.

Honestly, I hope summer provides you with time for family, friends, and relaxation.  The things that matter.  But, through personal experiences, I want to share some caveats.

First, if summer isn’t your thing, that’s fine!  As I mentioned in Reach Out, Check Inspring & summer are exceedingly difficult for many.  Far less serious, but still to my point, I’m reminded of Kenny.

I love Kenny. Awesome dude.  He claims to be my cousin – we aren’t – but that’s a story for another day.  Kenny LOVES to ski.  He had more than 100 days on the slopes this past season.  Skiing – and winter – is his wellness.   Summer?  He works about 100 hours a week at a golf course.  Hard, hot, dirty work, but work that frees up his winters.  The fact that I’d prefer just the opposite doesn’t mean that Kenny is wrong or unwell.  It means he’s true to himself.

I’m a creature of summer.  Kenny is a creature of winter.  Both are ok.  Be you.

Second, don’t judge your summer by others’.  Here’s something that the Wisconsin Lawyer Assistance Program posted to Instagram a few days ago:

WISLAP

For the next few months, pictures of friends & colleagues having what appear to be grand ol’ summers will clog your social media feeds.  Don’t be jealous.  Don’t hope that they’re not having as much fun as it looks.  Most importantly, don’t consider their posts a reflection on you and your life.   I deal with this often with someone close to me. It makes zero sense – and is unhealthy – to compare your life to someone else’s digital moment that may or may not reflect reality.

Next, do what you want, not what you think others will approve of.

For many summers, I told myself I had to spend a week in either Maine or on the Cape.  After all, that’s what everyone else does.

I never did.  Often, just thinking about NOT doing what others had done caused me stress and anxiety.  I’d wonder what was wrong with me.  Why hadn’t I booked a week on the coast?  The stress of finding the idyllic summer getaway always ended in me never getting away, stuck in a Labor Day funk beating myself up over another wasted summer.

No more.  Last summer, I didn’t even consider a formal “vacation” somewhere out of state. Instead, I decided that every weekend, I’d drive somewhere in Vermont and go for a long run.

I loved it.  Every part of it.  I loved being on the road early: sunroof open, coffee in the console, tunes blaring.  I loved the runs – seeing parts of the state that I’d never otherwise see. I loved my post-run swims in lakes, ponds, and rivers.  I loved my post-swim-post-run stops at local breweries.  Most of all, I loved being back home that night.  On my deck, grill fired up, those local brews in a chilled glass.

Is that for everyone?  No.  But it’s what’s good for me.  Do what’s good for you. Not what you think others will “like” as good for you.

My final point is this: if you have something “big” planned this summer, enjoy the other moments too. I’ve often found myself so wrapped up in the anticipation of a future event – say a race or a trip – that I forget to make time to enjoy life as it happens along the way.

For instance, in July, my brother and I are going to Chicago for a half marathon and a Cubs game. It’s going to be great.  But it’s almost 2 months away!

I resolve not to get so focused on a late-July weekend as to lose sight of all the weekends to enjoy between now and then.  You know, life’s a journey, not a destination.  Or, maybe what I’m saying is that rather than carving out a week of time for things that matter, I’m going to make a habit of making time for things that matter.  And it’s not just the big things that matter.

Well-being isn’t one size fits all.  However, aspects of it apply to each of us:

  • Be you.
  • Don’t compare yourself to others.
  • Do what works.
  • Make it a habit, one that doesn’t lose sight of the “small” things that matter.

Onto the quiz!

Rules

  •  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 kennedy@vermont.gov
  • 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

 Except as permitted or required by other rules, a lawyer shall not use information relating to the representation of a client to the disadvantage of the client:

  • A.  True and that’s end of it, there are no exceptions.
  • B.   Unless the client gives informed consent.

Question 2

 True or False.

If one of the Rules of Professional Conduct requires a “writing,” an email complies with the rule.

Question 3

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

  • “the first thing that the rule requires is that you not state or imply that you’re disinterested.”

Given my response, it’s most likely that Attorney called to discuss the rule on:

  • A.  Candor to a tribunal
  • B.   Trial publicity
  • C.   Dealing with an Unrepresented Person
  • D.   Pro Bono work

Question 4

Lawyer represents Plaintiff in a civil case.  Trial is scheduled to being Monday.

Lawyer called me this morning.  Lawyer told me that, yesterday, Lawyer learned that Witness intends to lie for Plaintiff.

Which is most accurate Vermont’s rule?

  • A.  Lawyer must explain to Plaintiff the risks of providing false evidence, then abide by Plaintiff’s informed decision whether to call Witness.
  • B.   Lawyer may refuse to call Witness if Lawyer reasonably believes that the evidence Witness will offer is false.
  • C.   Lawyer may call Witness, but not ask any questions. Witness must testify in the narrative.
  • D.   Lawyer must withdraw.

Question 5

Lawyer called.  Lawyer told me that Lawyer had been asked to get involved in a matter involving Person.   Lawyer explained that Lawyer had previously belonged to a country club owned by Person’s business.  Lawyer said that Lawyer’s family resigned their membership and asked for a refund of the membership deposit.  The club did not refund the deposit, but placed Lawyer’s family on a wait list to be refunded on a “first resigned/first refunded” basis.  As tends to happen no matter who owns these clubs, no refund has yet to be made.  Lawyer asked my thoughts on whether the refund issue posed a conflict that precluded Lawyer’s involvement in the matter.

Then I woke up!

Your task: Identify Lawyer who made an ethics inquiry in my dream.

I need better dreams.

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