Five for Friday #205

Welcome to Friday!

I took up fishing this week. Last night, JD and the First Brother took me on my initial outing.  Each is an experienced angler.

All week, I imagined great success that would provide me with a fish story connected to “205” to share this morning.  Whether 2.05 pounds, 20.5 inches long, or the depth from which I landed the first of the countless glorious catches undoubtedly to follow this summer.

Alas, any fish story I might share this morning would be exactly that: a fish story.

On the way back to the access, JD said “boys, that’s why they call it fishin’ not catchin’.”

Fair enough.

Still, this was the view at the time:


(photo credit to JD)

The moment reminded of last week’s post on the journey and the destination: fishin’ is to the journey, as catchin’ is to the destination.  Something that, as the sun set, it dawned on me that JD and my brother have long understood.

I don’t have a fish story to share, but I’ll share this: a setting bettered only by the company allows me to assure you that last night’s journey was time well spent.

Wherever the weekend leads, may Monday evening’s destination find you assured that your journey was time well spent.

Onto the quiz!


  • 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

Fill in the blank. (choices are below)

“In the course of representing a client a lawyer ___________ make a false statement of material fact or law to a third person.”

  • A.   should not
  • B.   should take reasonable steps not to
  • C.   may
  • D.   shall not

Question 2

I’ve often mentioned the 7 Cs of Legal Ethics.  This week, preparing a CLE for government attorneys, I realized that there might be an 8th.

While a government attorney likely won’t have to worry about “commingling,” a government attorney often must ask a question that lawyers in private practice do not:

  • Who is the _________?

The answer begins with the letter C.

Question 3

Speaking of the Cs, a rule involving one of them includes a comment that says:

  • “A lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved.  Ignorance caused by a failure to institute such procedures will not excuse a lawyer’s violation of this rule.”

What C?

Question 4

Lawyer called me with an inquiry.  My response included the words “scrubbing” and “spoliation,” as well references to several advisory ethics opinions that also speak of “scrubbing and spoliation.”

It’s most likely that Lawyer called because a client asked Lawyer:

  • A.   To withdraw.
  • B.   Whether the client could “take down” social media posts.
  • C.   Whether Lawyer would accept payment via PayPal or Venmo.
  • D.  To refund a retainer paid by a personal check that had been deposited to trust, but that did not yet constitute “collected funds.”

Question 5

With Memorial Day in mind, believe it or not, there are lawyers who earned the distinction of being buried in at Arlington National Cemetery!  Yes Dad, posthumously!

Among them, William Howard Taft.  Having served as U.S. President and Chief Justice of the United States Supreme Court, Taft is the only person ever to lead two branches of government and was the first president buried at Arlington.

I don’t know whether Major League Baseball will return this summer.  If it does, I don’t know whether fans will be allowed to attend.  Someday, however, baseball stadiums will again include fans.

As he is with leading branches of government,  Taft is associated with not one, but two of baseball’s enduring game-day traditions.  The first is something that Taft did on the field, but that fans can only watch.  The second is something in which fans enthusiastically participate and one that, according to lore, became popular because of something Taft did in the stands.

Name either tradition.



2 thoughts on “Five for Friday #205

  1. Good morning, Michael,

    Loved this . . . .I’m spending more time with EARTH these days.. . .Pope Francis’s beautiful encyclical Laudato Si: On Care for our Common Home.. .lots on the web about this historic letter to the world.. .it’s the 5th Anniversary of its writing.

    I just watched a terrific TED talk: Mission Blue ​by Sylvia Earle, whom I must admit I’ve never heard of. But, a marvelous 18 minute talk about the oceans of EARTH. . . .you might like it.

    Stay well.

    Aunt Claire



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