Welcome to Friday and the 246th legal ethics quiz.
Social media informs me that Girl Scout Cookie season is upon us. To me, ordering direct from the GS website isn’t the same as ordering for a friend or relative’s kid. Thus, it’s with a pang of sadness that I report that nobody asked me to buy any this year. I wonder if that means that my cousin Colleen has disowned me.
Anyhow, recalling that the Friday post in which I rated the Halloween candies caused my mother to buy me my favorites, I’m here today to share my ranking of the Girl Scout cookies.
Caveat: I confess, until this morning, I was completely unaware of the proliferation in flavors. They’re up to TWELVE! I’d never heard of (and obviously haven’t tried) Adventurefuls, Carmel Chocolate Chip, Lemon-Ups, Toast-Yays or Toffee-tastic. As a result, these five aren’t eligible to appear in my rankings. Honestly, I’m not interested in trying them. The expanded menu reminds me of when a restaurant that makes stellar burgers or wings decides to offer mediocre wings or burgers. That’s not what made me like to eat here in the first place.
Ground rule: I’m not ranking the entire catalogue of the seven I’ve tried. Rather, and in anticipation of March Madness, I’m listing my Final Four.
Without further ado, and in reverse order, here is the definitive power ranking of Girl Scout Cookies®.
- 4.Thin Mints®. This might be controversial. It’s not that I don’t like Thin Mints, it’s that I like Thin Mints. Whereas I love the next 3. Of my top 4, Thin Mints are the most likely to last for more than one day after opening. Side note: like many of the top Halloween candies, Thin Mints taste best if kept frozen.
- 3. Shortbread/Trefoils®. Classic never goes out of style. Like Thin Mints, one of the three original flavors. This unrivaled combination of cake & cookie is tasty enough on its own, but also the perfect tool to dip into milk or hot chocolate. Ranking them at 3 instead of 4 is likely influenced by my childhood love of the Lorna Doone.
- 2. Do-si-dos® | Peanut Butter Sandwich. Peanut butter is my favorite condiment. I don’t know what the secret ingredient is, but this peanut butter is better than any other. However, it’s the cookie – with its sublime hint of oatmeal (and resulting hint of crunch) – that drives this ranking. Upon opening, it’s difficult, but doable, for me to leave any for the next day. Bonus points because “do-si-do” makes me laugh as it reminds me that someone inexplicably concluded that square dancing should be part of our middle school phys-ed curriculum.
- 1. Caramel deLites® | Samoas® Given my love of all things peanut butter, the fact that these are above Do-si-dos says it all. While there’s a chance that some of the Do-si-dos will remain the next day, opening a box of Samoas means I’ve agreed to eat its entire contents. They taste so good that I lose all control, inhaling eating the next one knowing full well how mad I’ll be at myself when they’re gone. If forced to eat only one food for the rest of my life, I’d be hard-pressed not to choose Samoas. In sum, Carmel deLites/Samoas are an all-time great that is worthy of wearing the championship crown. Warning: freeze at your own peril. They’re best fully thawed, which, if you’re anything like me, can be problematic if you lack the will power to wait until they’re fully thawed.
And, yes. I will order from the first reader to ask me to do so.
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 firstname.lastname@example.org
- I’ll post the answers & Honor Roll on Monday
- Please consider sharing the quiz with friends & colleagues
- Share on social media. Hashtag it – #fiveforfriday
Vermont’s rule on client confidences includes several exceptions to the general duty not to disclose information relating to the representation of a client. One exception lists the situations in which disclosure of otherwise confidential information is mandatory. Another lists the situations in which disclosure is permitted, but not required.
There’s another rule that does something similar. The other rule’s first paragraph lists the situations in which a lawyer’s act is mandatory. The second paragraph lists the situations in which the same act is permitted, but not required. What’s the topic of the rule?
- A. Communicating with a person represented by counsel.
- B. Dealing with an unrepresented person.
- C. Trust Accounting.
- D. Withdrawing from the representation of a client.
Lawyer called me with an inquiry. Responding, I noted “but there’s a comment to the rule that states that in negotiations, certain statements are not to be taken as statements of material fact. For instance, what your client’s bottom line might be with respect to settlement.”
What’s the title of the rule I was discussing?
- A. Communication With Person Represented By Counsel.
- B. Truthfulness In Statements To Others.
- C. Respect For Rights Of Third Persons.
- D. Duties to Prospective Clients.
When a lawyer holds funds in trust in which two or more persons claim interests, a rule specifically requires the lawyer:
- A. to disburse (or not) as directed by the client.
- B. to keep the disputed funds in trust until the dispute is resolved.
- C. to promptly distribute all portions that are not in dispute.
- D. B & C.
Fill in the blank.
Attorney called me with an inquiry. I listened, then said “nothing in the rules requires a lawyer or law firm to enroll in a ‘positive pay’ service. Still, you’d be smart to consider it. It might be used to show that you took reasonable steps ____________.”
It’s most likely that the remainder of my response was:
- A. to avoid a conflict of interest.
- B. to safeguard client funds.
- C. to charge a reasonable fee.
- D. to remonstrate with a client who provided false information to a court.
This is Ron Torbert.
Ron graduated from Harvard Law School. Attorney Torbert spent many years in corporate and construction law before retiring from the practice of law in 2019.
Now, Ron works in a different field. With the 7 Cs of legal ethics in mind, it’s an understatement to say that Ron is competent in his current line of work, one in which he works as a judge of sorts. In fact, more than 100 million people recently watched Ron perform his official duties.
What does Ron do for work now that he is no longer practicing law?