Five for Friday #178

Welcome to Friday.

WordPress saves drafts.  I just deleted two that I’d authored, but not posted.

I awoke very early this morning.  Sadly, it wasn’t long after waking that I realized I’d forgotten to buy coffee last night.  Thus, I was stuck with brewing the decaf that I keep on hand for when my dad visits.  I drank it while I drafted the blog posts.  Unlike my coffee, each seemed good in the moment.

The first worked “178” into a blog that referenced Luke Bryan, tonight’s Flynn Theatre performance of a musical that parodies The Office, Major Jon Andre, El Camino (the Breaking Bad movie that dropped today), tomorrow’s Dartmouth v. Yale football game, hot dogs, my mom, a half marathon in Concord, and a high school basketball game that I coached in 2009.

Whoa!  That must be an awesome blog post!

Maybe. But it also included at least one paragraph that was too witty for its own good and another that a psychoanalyst might tell you reflected a passive-aggressive effort to get fired.

The second tied “178” to a description of how it sometimes troubles me that I don’t have the courage to leave this job and try something new.  A thing at which – at least in the comfortable courage of my imagination over a beer in my garage – I courageously excel.

Whoa! What an uplifting post Mike!

With the two posts drafted, I left to shower and contemplate which to publicize.

For the entire shower – which, with my hairline, wasn’t long – something didn’t feel right.  My brain kept saying “don’t post either.” The nagging inner voice reminded me of advice I’ve given to attorneys.

At CLEs, I often urge lawyers to trust their guts.  If it feels like a conflict, it probably is.  If your inner voice is telling you that you should withdraw, you probably should.  Countless ethics inquiries end with a lawyer telling me “I thought that was the answer but needed to hear it from someone else.” Hey lawyers – trust yourselves! You’re usually right!

So, I decided to take my own advice and trust my inner voice.  Back at the kitchen counter, I deleted each of the drafts.

They say some things are better left unsaid.  They’re right.

But enough of this Irish melancholy!

The sun is shining, the foliage is peaking, and it’s not freezing.  That’s a recipe for a fantastic weekend.  I hope you get out to enjoy it!

I plan to.  I’m on the fence about The Office musical.  However, I intend to watch El Camino, get a hot dog with my mom at tomorrow’s Dartmouth-Yale game, and run a half marathon in Concord on Sunday.

And, without a doubt, come next week, I’ll be here.

Thanks for listening.

Onto the quiz.

Rules

• 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 michael.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

Which is most accurate?   A lawyer:

• A.  may have sexual relations with a client.
• B.  may have sexual relations with a client, but only if the relationship doesn’t cause the lawyer to violate the rules (for instance, by creating a conflict of interest).
• C.  shall not have sexual relations with a client.
• D.  shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

Question 2

One of the Rules of Professional Conduct requires a lawyer to maintain a system that includes “records documenting timely notice” to clients of receipts and disbursements from trust.  The same rule requires a lawyer to do something else in a “timely” fashion.  What?

• A.   reconcile a trust account.
• B.   self-report a trust account overdraft to disciplinary counsel.
• C.   pay into court funds in which a client & third person claim interests
• D.  All of the above.

Question 3

Lawyer called with an inquiry.  My response:

• “Basically, don’t state or imply that you’re disinterested.  Correct any misunderstanding she has about your role.  And if her interests are likely to conflict with your client’s, don’t give her any advice other than the advice to secure counsel.”

Most likely, who is the “she/her” in my response?

• A.   Another of Lawyer’s clients
• B.   Lawyer’s former client
• C.   An unrepresented person with whom Lawyer is dealing on behalf of a client
• D.  a prospective juror

Question 4

Fill in the blank.

Per Comment [1] to a particular rule:

“_________________   partially true but misleading statements or omissions that are the equivalent of affirmative false statements.”

• A.    A lawyer does not violate this rule by making . . .
• B.    Misrepresentations can also occur by . . . .
• C.    Negotiations necessarily include . . .
• D.    According to my dad, Lawyers excel at making  . . .

Question 5

In honor of Breaking Bad and the release of El Camino:

Breaking Bad aired for 5 seasons.  The first episode of each season included a “flash forward” scene set in a restaurant.  The restaurant is where Saul Goodman/Jimmy MGill ends up working under an assumed identity after fleeing drug-dealing Neo-Nazi assassins, his law firm, and (presumably) New Mexico’s disciplinary authorities.

In real-life, the restaurant is a massive chain often found in malls and airports.  It specializes in sugary rolls, coffee, and frozen drinks.  My favorite is in the Charlotte (NC) airport.

Name the restaurant.