Five for Friday #213

Welcome to #213!

This week’s intro is via video from the Garage Bar.  It’s 6 minutes that not only include using sports memorabilia to explain the principles of imputed disqualification, but also the resumption of my singing career as my self-imposed sanction for the ethics violation I committed in last Friday’s post. To skip the conflicts lesson and get to my performance, go to the 3:34 mark.


Onto the quiz!


  • 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 only one thing that the Rules of Professional Conduct require a lawyer to keep for a definite period following the termination of a representation.  What is it?

  • A.   a client’s confidences: 6 years.
  • B.   a copy of the client’s file: 7 years.
  • C.   a copy of the advertisement that led the client to the lawyer: 2 years.
  • D.  Records of any funds held in trust for the client: 6 years.

Question 2

Which word or phrase is associated with a different rule than the others?

  • A.  knows or reasonably should know that the person misunderstands the lawyer’s role.
  • B.  shall correct the misunderstanding.
  • C.  without the consent of the person’s lawyer.
  • D.  not give any advice, other than the advice to seek counsel.

Question 3

This is true: there is a rule that prohibits a lawyer from disbursing against a deposit to the trust account until the deposit has cleared and become “collected funds.”

True or false? In Vermont, there are no exceptions to the rule.

Question 4

Which is most accurate?  The Rules of Professional Conduct impose a duty to  _______:

  • A.  Encrypt email.
  • B.  Encrypt a client’s electronically stored information in transit.
  • C.  Encrypt a client’s electronically stored information  at rest.
  • D.  Act competently to safeguard client information, including by taking reasonable precautions to prevent against the inadvertent disclosure of or unauthorized access to client information.

Question 5

I botched it by not asking this last Friday.  Anyhow, on October 30, a famous actor turned 75.  For five seasons, the actor played one of my favorite ethically challenged lawyers: Arrested Development’s Barry Zuckerkorn.  Of course, Zuckerkorn is not to be confused with the acting coach that the same actor plays in Barry and for which he won the 2018 Emmy for Outstanding Supporting Actor.

Readers of an earlier vintage might know the actor better for his Emmy-winning performances on a 1970’s sitcom. Per his Wiki page, on that show, he played “a greaser who became the breakout character.”

Whose 75th birthday did I miss last Friday?

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