Five for Friday #208

The quiz is back.

Back without an exclamation point in announcing its return, but back nonetheless.

Lately, I’ve struggled to find the motivation to blog.  I’ve not, however, lacked the motivation to run.  Since May 1, whether measured by total miles or enjoyment-per-mile, my running has gone to a new level. Minutes-per-mile? Umm, well, 2 out of 3 ain’t bad.

Anyhow, I had a running story that involves 2.08 miles. But it’s technical and boring, so I’m skipping it in favor of one that has nothing to do with the week’s number.

I often run on Old Stage Road in Williston.  About halfway between Adams Farm Stand and the shortcut back to my condo, there’s a spot where a sign flashes a car’s speed as it zips by.  You know, not a speed trap that’s staffed by a traffic cop, just the sign.

I love the sign.

Indeed, road signs often make me smile as I run. I remember a Vermont City Marathon in which I was struggling.  I came to a house that had a sign on the curb that said “Slow Down! Our kids live here!”  I looked at the sign, looked at the person standing in the front yard, and raised my eyebrows higher than I was able to lift my feet as I shuffled along.  The person got it.  She knew exactly what I meant, and we shared a wordless chuckle.  Little moments like that make a big difference when you’re struggling to make it to the finish line.

Now, back to the faux speed trap.  They’re all over Vermont.  And, with 8-year old me alive and well somewhere inside my brain, I treat them as any kid would: as I approach, I run as fast as I can, hoping to register on the sign.

It never works.

A few days ago, I found myself running on Old Stage Road, approaching the sign.  I sped up. Like Yukon Cornelius and Wily E. Coyote, I seemed again on the verge of failure.  The sign bordering on rude in its blankness.

Then, the unthinkable happened: it started blinking “38.”

Of course, I knew it wasn’t me.  It just so happened that as I passed the sign, a car triggered the attached radar gun.  Still, as the theme song to Chariots of Fire entered my head, I raised my arms like I’d won Olympic Gold. And, just like the person who “got it” when I ran past the “slow down” sign in the marathon, so too did the driver – – honking the horn, waving, and smiling with me (and for me) as they drove past.

I think that was the best part: an unknown person helping me to enjoy a moment.

You too can be that driver.  Or the person whose yard had the “slow down!” sign. Whether today, this weekend, or down the road, you will have a chance to help someone enjoy a moment.  Don’t waste the opportunity.  These days, each of us could use as many happy moments as possible.

Onto the quiz!

Rules

• 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 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
• Share on social media.  Hashtag it – #fiveforfriday

Question 1

Which is most accurate?  Upon the termination of a representation, a lawyer:

• A.  must keep the original client file for 6 years.
• B.  must keep a copy of the client file for 6 years.
• C.  shall take steps reasonably practicable to protect the client’s interests, including surrendering any papers or property to which the client is entitled.
• D.  All the above.

Question 2

Fill in the blank.

A change to wiring instructions should put a lawyer on alert to a potential _________:

• A.  conflict of interest.
• B   situation in which the client is not competent to make informed decisions about the representation.
• C.  violation of the rule that prohibits unreasonable fees.
• D.  trust account scam.

Question 3

I’ve often stated that there’s one rule that trumps all the others.  Here’s language from a comment to that rule.  Your mission, should you choose to accept it, is to identify the “C” of legal ethics that properly fills in the blank.

• “This rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process.  A lawyer acting as an advocate has an obligation to present the client’s case with persuasive force.  Performance of that duty while maintaining client confidences, however, is qualified by the advocate’s duty of ___________.”

Question 4

Attorney contacted me with an inquiry. I replied:

• “a comment to the rule states Other Lawyer is prohibited from communicating with any of your client’s constituents (1) who supervise, direct, or regularly consult with you on the matter; or (2) who have the authority to obligate your client with respect to the matter; or, (3) whose act or omission in connection with the matter may be imputed to your client for the purposes of civil or criminal liability.”

Given my response, Attorney most likely represents:

• A.  someone under the age of 16.
• B.  someone charged with a crime.
• C.  multiple clients in the same matter.
• D.  an organization.

Question 5

It’s rare that discovery disputes result in discipline. As we’ve seen recently, however, when they involve Executive Privilege, they make the news.

On July 24, 1974, the United States Supreme Court issued an order compelling the production of material that had been subpoenaed but not produced.  The underlying matter eventually resulted in 14 lawyers either being suspended or disbarred.

What is the most famous of the items that, 46 years ago today, the Court ordered to be produced in response to the subpoena?