Five for Friday #245: Snow Days

Welcome to Friday and the 245th legal ethics quiz.

Around Vermont, today is the day that school-aged me loved more than any other.  A day within the academic calendar that enjoys romanticized status.

The snow day.

I’m too old to remember what we did on snow days.  I tell myself that the First Brother and our friends grabbed our red plastic sleds (mine had yellow handles) and bravely trudged through the storm to our favorite sliding spots.  Yes, we call it “sliding.”

One such spot was Blueberry Hill.  At least that’s what the kids who lived in the neighborhoods off Williston Road called it.  I doubt that name appears on any official map or record.  In my memory, it was a treacherous hill that demanded great bravery.  There was a sharp right turn about halfway down.  Take it too wide and you’d slam into a tree, cut it too tight and you’d fall off a cliff into a ravine.  Even among those who properly navigated the corner, only the most courageous steered towards the jump that older kids built had into the run – a jump that, if taken, resulted in “legend” status the following day in the cafeteria.

If we could visit Blueberry Hill today, we’d probably laugh at how small – and not steep – it seems in comparison to the mountain of our memories.  Alas, there’s no longer any sliding there.  Like Joni Mitchell sang, they paved our wintry paradise and put up a condominium complex.  And while I’m suspect that the kids who live in our old neighborhoods have found a hill to conquer, I’m convinced that they’ll never know the best part of our experience: the way that we learned it was a snow day.

Scrolling through Twitter last night, I saw this:

Snow Day

It’s time-stamped 6:33 PM.  I’m by no means criticizing the announcement or the many like it posted by other school districts. Advance notice is a good thing, especially for parents who need to plan.  Alas, I feel for the kids who will never know the experience of waking up early, turning on the radio, and waiting to learn whether your school was on the list of closings.

For us, the anticipation was intense.  Schools were called alphabetically, and we lived in South Burlington.  Sure, there were signs.  If Burlington schools were closed, our hopes would rise as there’s no way we’d be open if they’re closed!  Or, conversely, if Essex or Jericho schools weren’t announced, our spirits would sink, knowing that if they’re open, we will be too.  Still, we never knew until we knew.

While I don’t remember the exact list, I remember it feeling like the radio announcer was listing the Rs in slow motion . . .

  • “Randolph High School . . . Richford High School . . . Richmond Elementary . . . “

Oh, to be so young and carefree that our whole lives turned on what came next!

Would it be the soul-crushing “Stowe Middle and High School?”  Or the four greatest words in the history of snow days? “

“All South Burlington Schools.”

Maybe the anticipation I remember can be replicated by constantly refreshing the school district’s Twitter feed.  Or maybe hopes rise & fall with the results spit out by the Snow Day Calculator.  Still, I’ll always smile when I reminisce about those winter mornings huddled around the radio.

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 consider sharing the quiz with friends & colleagues
  • Share on social media.  Hashtag it – #fiveforfriday

Question 1

Here are some exceptions to one of the rules:

  • to establish a claim or defense in a controversy between the lawyer and client;
  • to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved; or,
  • to respond to allegations in any proceeding concerning the lawyer’s representation of the client.

The rule addresses one of the 7 Cs of Legal Ethics.  Which one?

 Question 2

Fill in the blank.

A comment to one of the conflicts rules states that “continued common representation will almost always be inadequate if one client _________________.”

  • A.  pays a higher percentage of the lawyer’s fee than the other client.
  • B.  is also a former client, but in an unrelated matter.
  • C.  is the lawyer’s main contact on matters related to the representation.
  • D.  asks the lawyer not to disclose to the other client information relevant to the common representation.

Question 3.

Notwithstanding a conflict of interest, a lawyer may represent a client if

  • A. The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client and the representation is not prohibited by law.
  • B.  The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
  • C.  Each affected client gives informed consent, confirmed in writing.
  • D.  A, B, and C.

Question 4

Lawyer called with an inquiry. I listened, then responded:

  • “There’s no rule that specifically prohibits it. But the fee must be reasonable, you must comply with the rule on business transactions with a client, and you should consider whether it would create a personal interest that would materially limit your ability to provide the client with competent and candid legal advice.”

Given my response, it’s most like that Lawyer called to ask about:

  • A.  a contingent fee.
  • B.  accepting an ownership interest in a client’s business as payment for legal fees.
  • C.  representing a family member.
  • D.  marrying a client.

Question 5

In the introduction, I mentioned something that I saw on Twitter the other day.  Another thing that I saw on Twitter this week was this:

I agree!

Vinny’s clients were charged with robbing and shooting a store clerk.  However, when they were arrested, they thought it was for accidentally shoplifting.  While at the store, Vinny’s cousin didn’t pay for an item he had put in his pocket because his hands were full.

What was the item?

Bonus: what’s the name of the store?

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