Five For Friday #189

Welcome to Friday!

It’s Super Bowl weekend.  One of my favorite aspects of the Super Bowl? The long odds that you can get on crazy (and entertaining) prop bets. For instance, you can bet on who will tackle a fan who runs onto the field.  The longest odds are on “another fan.”  A $100 bet pays $750.

Ok, so, regular readers know a few things about me.

  • I try to tie the Friday column to the quiz number, the date, or an upcoming event.
  • I like to include references to pop culture & sports.
  • I’m a Taylor Swift fan.
  • I’m superstitious.

Today is Justin Timberlake’s birthday.  He’s been part of two memorable half-time performances at the Super Bowl.  Sunday is the Super Bowl and, this quiz number – 189 –  is (sort of) associated with Taylor Swift.

Image result for taylor swift 1989

When I started this blog, the odds were astronimical that quiz 189 would fall on Justin Timberlake’s birthday two days before the Super Bowl. A $100 bet probably would’ve paid $75,000.  I cannot believe my luck!

Here’s where my superstitious side kicks in.

Been there, done that.

Five For Friday #92 posted on October 27, 2017.  Central characters?

  • Justin Timberlake;
  • Taylor Swift; and,
  • the Super Bowl.

What are the odds?

Alas, I will you leave this.  Regular readers also know that I like stories that involve clever filings by lawyers.

Denise Kirby is a lawyer in Kansas City.  She’s a Chiefs fan and is in Miami for the Super Bowl, but only after receiving a continuance for a trial that had been scheduled for Monday.  As it did me, I hope that Attorney Kirby’s Request For Continuance makes you smile.  Above The Law has the story & filing here.

Onto the quiz!

Image result for taylor swift 1989

  • None.  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • 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
  • Share on social media.  Hashtag it – #fiveforfriday

Question 1

There’s a rule that prohibits a lawyer from communicating about the subject of the representation with a person that the lawyer knows is represented by another lawyer.

Which is NOT an exception to the prohibition?

  • A.    The other lawyer consents to the communication.
  • B.    The communication is authorized by law.
  • C.    The represented person initiates the communication.
  • D.    Trick question.  A, B and C are exceptions to the rule.

Question 2

Here are 2 things I mentioned at CLE:

  1. last minute changes to wire instructions; and,
  2. a prospective out-of-state client who claims to be owed money by a person or business that is in Vermont, and who only communicates with you by e-mail.

I was warning lawyers about  ________.

  • A.   accidentally communicating with a represented person.
  • B.   the risks of not understanding how to conduct e-discovery competently.
  • C.   the Unauthorized Practice of Law.
  • D.   common trust account scams.

Question 3

Consider the following:

  • must be in a writing that is signed by the client.
  • cannot be used for representing a defendant in a criminal case.
  • cannot be based on securing a divorce.

Here, we’re talking about:

  • A.   Contingent Fees
  • B.   Flat Fees
  • C.   An agreement to limit the scope of a representation
  • D.   All the Above

Question 4

Attorney called me with an inquiry.  She said “Mike, I represented Client.  The case is over.  She’s coming to my office later this week.  I have some questions about mental impressions, as well as internal notes and memoranda.”

Most likely, what did Attorney call to discuss?

  • A.  The duty to report a client’s fraud.
  • B.  The duty to act competently to safeguard client data stored in the cloud.
  • C.  The duties to a client who suffers from a diminished capacity.
  • D   The duty to deliver the file.

Question 5

Background: after consecutive quizzes that included questions related to the British royal family, the ghost of Aunt Kate admonished me through a local lawyer who spent many an election night at Aunt Kate’s house.   As such . . .

. . . in 1966, Alan Page led the Notre Dame Fighting Irish to the college football national championship.  He went on to star in the NFL, and played in 4 Super Bowls for the Minnesota Vikings.  On the Vikings, he was part of a defensive unit that had a colorful nickname.  After retiring from football, Page embarked on a legal career that included serving for 30 years on the Minnesota Supreme Court.

That’s right: he played & served in Prince’s home state.

Back to Super Bowl bets & long odds: another available bet is “what color Gatorade will the winning team pour over its coach?”

When betting opened, a particular color was the longest shot, with a $100 bet paying $1,800.  As of this morning, that color is now the odds-on-favorite, with winners only getting even money.

If you know anything about Prince, the Vikings, and the nickname of Page’s defensive unit, you’ll know the color.

What color?

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