Wellness Wednesday: might adopting some pandemic-related changes improve the profession’s well-being?

We know that the pandemic changed how, when, and where we work.  We also know that some of the changes will remain once the pandemic concludes.  Today, I write to share two developments that, to me, provide insight into pandemic-related changes that may prove beneficial to the profession’s well-being, thus warranting consideration as to whether they should become permanent aspects of how, when, and where we work.

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The first development comes from Florida.

Last week, the Florida Supreme Court approved an advisory opinion issued by the Florida State Bar’s Standing Committee on the Unauthorized Practice of Law.  The opinion concludes that a lawyer who is licensed in another state, but not in Florida, does not violate Florida’s rules on unauthorized practice by providing legal services to out-of-state clients on matters not involving Florida law while working remotely from Florida.  The Legal Profession Blog and ABA Journal reported the Court’s decision to approve the opinion.

The advisory opinion cites to similar conclusions reached by the ABA and the Utah State Bar.  Those of you who recall my post ABA issues common sense guidance on working remotely will not be surprised to learn that I’m a fan of the Florida opinion. It’s a post in which I used this hypo to introduce the ABA and Utah opinions:

“Imagine this:

  • You are a lawyer who is licensed in Other State but not in Vermont.
  • You live and work in Other State and own a condo in Vermont.
  • For various reasons, you move to the Vermont condo during the pandemic.
  • There, and thanks to technology, you continue to work on your clients’ legal matters.
  • You do not open an office in Vermont, advertise in Vermont, accept new clients in Vermont, or give advice on Vermont law.
  • Not one of your client matters has anything to do with Vermont or Vermont law.
  • But for the fact that you’re in your condo, your work is exactly what you’d be doing if you were working from your office in Other State.”

I remain of the opinion that the Utah State Bar nailed it:

  • “what interest does the Utah State Bar have in regulating an out-of-state lawyer’s practice for out-of-state clients simply because he has a private home in Utah? And the answer is the same—none.”

 Returning to the Florida opinion, I support it even independent of any connection to well-being. However, I’m interested by (and appreciative of) the fact that the Florida committee went out of its way to note a comment that an individual lawyer submitted in support of the proposed opinion.  The Committee wrote:

  • “In light of the current COVID-19 pandemic, the Standing Committee finds the written testimony of Florida-licensed attorney, Salomé J. Zikakis, to be particularly persuasive: ‘I believe the future, if not the present, will involve more and more attorneys and other professionals working remotely, whether from second homes or a primary residence. Technology has enabled this to occur, and this flexibility can contribute to an improved work/life balance. It is not a practice to discourage.'”

No, it is not!

The second development is actually an older story.

In early May, Above The Law posted Ropes & Gray’s Reopening Plan Puts An End To The 5-Day, In-Person Office Work Week For Associates.  The post reports on the return-to-work plan announced by one of the nation’s largest law firms.  ATL applauded the firm’s phased re-opening and the flexibility associated with the “ramp-up time the firm is allowing [staff] to reacquaint themselves with office life.” In addition, ATL noted statements that the firm’s chair included in a memo to staff that announced the plan:

  • “No matter what phase we are in, we endorse flexibility post-pandemic. We don’t expect that we’ll ever mandate a five-day a week in-office environment.”

Here here.  Management’s endorsement of flexibility demonstrates a commitment to the well-being of both staff and the organization as a while.  Indeed, as the Florida lawyer noted in the comment above, flexibility contributes to a healthy work/life balance.

Making permanent some of the changes caused by the pandemic won’t be a bad thing.

Wellness Wednesday: Schitt$ Creek & paddles.

Believe it or not, there are days when I do things that don’t involve running or bar counseling.  Usually those days involve binging.  Admittedly, the objects of my binges vary.  Alas, more often than not, it’s a streaming service.

Netflix’s Schitt$ Creek  is one of my favorite binges of the pandemic.

schitts creek

For the uninitiated, it’s a Canadian sitcom that ended a six-year run in April. After dominating the awards circuit north of the border for years, Schitt$ Creek went out in a blaze of glory, winning all seven major comedy awards at this year’s Primetime Emmys.  People who went to college and law school around the same time as I did will recognize the father from American Pie, the mother from Home Alone, and the cameraman from Groundhog Day.

Highly recommend.

But what’s this got to do with wellness, surveys, and paddles?

I’m glad you asked.

In an episode of Schitt$ Creeks that I watched last night, characters who are siblings each took a “How Electric Is Your Relationship Test” that ran in a magazine  The results? Each learned that their respective romantic relationship was “in need of a generator.”  Neither was happy.

I’m here to argue that survey results can be misleading.

Earlier this year, the International Bar Association launched a project to address the wellbeing of legal professionals.  The project includes a survey on wellbeing issues, including the extent to which COVID-19 has exacerbated the impact that we know anxiety, depression, stress, and addiction have on the profession.

The survey is here.  The IBA and others associated with the attorney wellness movement are urging lawyers and legal professionals to take it.  The more data, the better.  You do not need an IBA member to participate.  I completed the survey this morning. It took 6 minutes.

The VBA’s COVID-19 Committee recently put out a similar survey. It’s here. Please take that one too!

Back to my point.

I assume the results will paint a dreary picture, with many proclaiming that the profession is up Schitt$ Creek without a paddle.  If that happens, I will channel my inner Lieutenant Commander Galloway and object.  Strenuously.  Here’s why.

For starters, let’s not pretend that the staggering rates at which behavioral health issues impact the profession are new.  It has been more than 4 years since I first blogged on the topic.  In my opinion, there will be something positive to take from data showing that the numbers have increased.

Mike, wait?  What the hell are you talking about? Worse numbers are a positive?

Yes. Because it shows that those within the profession are more willing to admit to coping with behavioral health issues.  We can’t help those who claim not to need it.  For far too long, we ran our profession in such a way as to discourage honesty on survey’s like the IBA’s.  If that has changed, it’s a positive.

For instance, since July 1, I’ve received more calls and emails from lawyers who want help than I did in my first seven years as bar counsel.  And, for the naysayers, yes, I received those calls and emails from lawyers who knew full-well that I would screen any disciplinary complaint that might be filed against them.  Maybe it’s true that the 80s were more than 30 years ago.  But I digress.

My point is this: the profession began debilitating its members long before the Hazeldon Study was released in 2016.  We just never admitted it. Rather, we compounded it by stigmatizing help-seeking behavior.  The fact that lawyers are asking for help – from bar counsel no less – is a positive.  I’d argue that, given our past, acknowledging our own behavioral health issues – even anonymously – is as well.

Take the surveys.

Which brings me to another positive.

Even destigmatized, requests for help wouldn’t come if people didn’t realize that others are willing to, you know, help.   Most importantly, we’ve made clear that we’re willing to help without reporting you to disciplinary authorities and without jeopardizing your law license and livelihood.  To stick with the theme, some of us are adrift in the water.  In the old days, the profession left us in its wake.   Now, there are many of us willing to extend a paddle to help pull others back to the boat.  That’s a positive.

So, yes. In my view, there will be positives to take from survey results that, at first blush, appear anything but encouraging.

But let me be honest. It’s not going to be all rainbows and unicorns.  We are going to need to redouble our efforts to help.  We’re all going to have to paddle.

In the early stages of the pandemic, I referred to it as “rowing the boat.”  I blogged:

I let things slide over the past several days.  Not today.

This morning, I made my bed.  I picked up the clothes that had been lying on my bedroom floor for days, folded them, and put them where they belong.  As my coffee brewed, I washed the mugs that had up in the kitchen sink.

I call this “rowing the boat.”  For me, routine helps keep my mind & spirit well.  Completing one simple task leads to another, and so on.  Next thing I know, I’ve changed my focus, been productive, and find myself one day closer to the good days that surely will return.

In rough seas, all I can do is keep rowing the boat.

I love and admire how so many of you are striving to take care of your clients and colleagues during this crisis.  Take care of your own wellness too.

Note: due to letting things slide, I haven’t shaved in 13 days.  “Rowing the boat” doesn’t include removing the pandemic beard . . . at least not yet.

Next week I’m going to post a blog aimed at those who are coping with personal issues and urge you to keep paddling.  Today I’m going to focus on a different maritime analogy.

Yesterday I interviewed a lawyer against whom a disciplinary complaint had been filed. After we finished discussing the complaint, the lawyer shared a story about how stressful the lawyer’s practice area has become since the onset of the pandemic. Then, the lawyer thanked me for blog posts that continuously “nudge” lawyers to remember things like wellness and civility.  The lawyer likened getting the profession to focus on wellness to turning a battleship.  If you aren’t aware, battleships don’t exactly turn on a dime.

It got me thinking.  To turn this ship around, we need as many as possible on board, on the same side, helping to paddle. One way to help? Take the  IBA survey and the VBA’s COVID-19 Committee survey. Answer honestly.

In closing, I suspect I’ve lost my train of thought.  I apologize.  I’ll leave you with this:

We might be up Schitt$ Creek, but we aren’t without paddles.

Additional Resources

Lawyer Wellness & Lawyer Assistance

National Task Force on Lawyer Well-Being:  The Path to Lawyer Well-Being, Practical Recommendations for Positive Change

Vermont Commission on the Well-Being of the Legal ProfessionState Action Plan

American Bar Association: Law Firm Pledge & 7 point framework to reduce substance abuse disorders and mental health distress in the legal profession.

American Bar Association: ABA Well-Being Toolkit in a Nutshell

The Virginia State Bar: The Occupational Risks of the Practice Law (with tips on prevention & risk reduction)

Blog Posts

Attorney Justin Kolber Creates The Iron Llama Triathlon for National Suicide Prevention.

Justin Kolber is a Vermont attorney who has long believed in wellness, well-being, and work-life balance.  On Saturday, Justin will take on a personal challenge to benefit others’ wellness: the Iron Llama Triathlon for National Suicide Prevention.

  • Aside: since 2014, at least 6 licensed & active Vermont lawyers have taken their own lives. Data indicates that, in any given year, 108 licensed & active Vermont lawyers have serious thoughts of suicide. The National Suicide Prevention Lifeline is 1-800-273-8255.

Odds are you’ve never heard of the Iron Llama.  Saturday’s will be the first.  And, Justin isn’t an ordinary participant.  Rather, the event is Justin’s brainchild, conceived earlier this year in response to a friend’s suicide and the pandemic’s cancellation of in-person events. The Iron Llama is based at Lake Elmore, a beautiful setting to get out to support Justin.  He’s even arranged to have some of Elmore’s famed Fire Tower Pizza available!

I could go on, but I’ll let Justin tell you more.  Yesterday, he was kind enough to (virtually) stop by the Garage Bar to talk about the Iron Llama and attorney wellness.  You can watch or listen below.  Links with even more information about the Iron Llama, attorney suicide, and suicide prevention follow the video link of my conversation with Justin.

Thank you, Justin!

Information & Related Posts:

Other Wellness Wednesday Posts

Social Well-Being: Community, Connections, and Hope.

Good morning!

For those of you who’ve been following, it’s National Lawyer Well-Being Week.  Each day has a different theme.  Today’s is Social Well-Being.  The focus is on connecting within the community at-large.

My message is a variation on the theme.  To me, communities provide connections, and connections provide hope.  Communities, connections, and hope is are critical components of well-being.  So, in this video, I share my thoughts on building communities, forging connections, and inspiring hope.

Don’t forget!  Tonight at 7:00PM, I’m building social well-being by live-streaming pub quiz style legal ethics on my YouTube Channel!  (see the video link or subscribe to VTBarCounsel on YouTube.

Wellness Wednesday: Be Kind to Lawyers

Tomorrow is “International Be Kind to Lawyers Day.”

I’m not too conversant in legal phrases or the principles of statutory construction.  Yet, I’m generally aware of the maxim “inclusio uno (est) exclusio alterius.”

I’d be surprised if the creators of “Be Kind to Lawyers Day” intended to limit it to a single 24-hour span.  So, I hope that the Inclusio Uno Legion doesn’t intend to argue for such a restriction. If they do, here’s my rebuttal:

Why wait until tomorrow?  When it comes to being kind to lawyers, there’s no better time than now.  And, on that point, remember:

  • It’s always “now.”
  • For lawyers, being kind to a lawyer includes being kind to yourself.

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Below, I’ve pasted in my post from 2019’s Be Kind to Lawyers Day.  I’m re-posting because it’s consistent with Wellness Wednesday.

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Originally Posted on April 9, 2019

Today is International Be Kind to Lawyers Day.

I’ve done some research on the day’s origins.  Meaning, I read this and this.  While each suggests we might debate the motivation behind the creation, #bekindtolawyersday is legit trending on social media.  So, it must be a real day.

Who is most likely to deal with a lawyer today?  Other lawyers.  Thus, to borrow a quote from JFK, here’s my request of my lawyer-readers:

  • Ask not who will be kind to you today.  Ask to whom you will be kind.

I’ve often mentioned that the Rules of Professional Conduct don’t require lawyers to be nice.

Still, why not try?

Indeed, as I mentioned here, I recently did a CLE on attorney wellness that segued into a discussion on whether a lack of civility within the profession contributes to the profession’s lack of wellness.

The VBA has adopted Guidelines for Professional Courtesy.  The last is my favorite:

  • “Effective advocacy does not require antagonistic or obnoxious behavior. Lawyers should adhere to the higher standard of conduct which judges, fellow attorneys, clients, and the public may rightfully expect.”

Today you will have many chances to be kind to another lawyer.

Take advantage of them all.

Wellness

 

Civility Matters. Especially now.

I consider civility one of the 7 Cs of Professional Responsibility & Legal Ethics.  In my opinion, conducting one’s practice in a civil manner is not inconsistent with the obligations imposed by the Rules of Professional Conduct.

A seminar at the VBA’s 2019 Midyear Meeting made me realize the connection between civility & wellness.  In this blog posted the morning after the seminar, I wrote:

Indeed, nothing in the rules is incompatible with civility.  As a comment to Rule 1.3 says:

 “[t]he lawyer’s duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved with courtesy and respect.”

Courtesy and respect.  We need more of each in the air.

For the duration of public health crisis, we need even more of each in the air.

My first post related to COVID-19 was on March 13.  In it, I urged “all lawyers to be accommodating when considering requests from opposing counsel that are related to COVID-19.”  I’m by far from the only one, with bar associations and courts making the same request.  The good news? I’ve not heard any Vermont stories like the two I’m about to share.  Let’s hope it remains that way.

Each story comes from the same federal court in South Florida.  The ABA Journal covered both.

In the first, also reported by Law360 , a federal magistrate had to intervene in a discovery dispute.  Here’s part of the magistrate’s order.

  • “If all the issues we are currently facing were to be organized on a ladder of importance, this deposition-scheduling dispute would not even reach the bottom rung of a 10-rung ladder. It is painfully obvious that counsel for both sides failed to keep their comparatively unimportant dispute in perspective. Would the world end if the corporate deposition did not occur next week? Obviously not.”

The rest of the order doesn’t reflect any better on the lawyer’s involved.

A few days later, the same magistrate issued an order in a different case. I’m not a fan of block quotes, but this order is better read than described.  As reproduced by the SDFLA Blog:

Given the global COVID-19 pandemic, it is hardly surprising that Plaintiff filed a motion to extend the mediation and discovery deadlines and all related deadlines and to reschedule the special set trial date.

Plaintiff’s motion represents that Defendant objected to the request. That’s right. Defendant objected to what appears to be a realistic and common sense motion to reschedule the trial and other deadlines. I had to read the certification twice in order to make sure that I was reading it correctly. 

If the motion is correct, then Defendant wants to push forward with the existing trial date and all trial-related deadlines even though no one has any idea when the Court will be able to safely resume jury trials (or when it will be safe to travel by air, to return to work or to get closer than ten feet to anyone).

Rather than guess at defense counsel’s motivation, the Undersigned requires defense counsel to by March 26, 2020 file a double-spaced memorandum explaining (1) whether he did, in fact, oppose the motion to reschedule the trial and enlarge trial-related deadlines and the mediation deadline, and (2) all the reasons justifying his opposition (assuming that he did actually advise Plaintiff’s counsel that he opposes the motion).

If defense counsel opposed the motion, then he is best advised to provide a comprehensive and rational explanation. Before filing this response, though, defense counsel may want to brush up on the concepts of karma, goodwill, grace, compassion, equity, charity, flexibility, respect, spirituality, selflessness, kindness, public spirit, social conscience, and empathy.

No reply absent further Court Order. Signed by Magistrate Judge Jonathan Goodman on 3/25/2020.”

Again, I’ve not heard any Vermont stories on par with these.  Still, I blog as a reminder that there’s a line between acting reasonably to provide clients with competent & diligent representation and using the public health crisis to gain an advantage.

Where is that line?

I don’t know.

But, in searching for it, we could fare worse than to be guided by Judge Goodman’s words.  Whatever we do, let’s not forget “the concepts of karma, goodwill, grace, compassion, equity, charity, flexibility, respect, spirituality, selflessness, kindness, public spirit, social conscience, and empathy.”

That’s civility.  And civility is part of wellness.

Related posts:

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Wellness Wednesday: It’s okay to be you.

At the end of May, I posted this blog.  In it, I suggested that, this summer, you do what works for you, not what you think others expect you to do.  In other words, be yourself.

A few weeks later, I posted Wellness Wednesday: Survival Skills.  It’s a post in which I referred to Link Christin, a lawyer who contributes to Attorney at Work.  In February, Attorney Christin started a series on survival skills for lawyers.  As of my blog, he’d posted five:

A few weeks ago, Attorney Christin posted Survival Skill No. 6 for Lawyers: Bring Your Authentic Self to Work.  In it, he writes:

  • “Lawyers must create an environment where they can deal with personal and professional behavioral issues in a timely way rather than internalizing them only to have them surface later in more dangerous and destructive ways. We shouldn’t expect everybody to embrace or even like our authentic selves. But, at the end of the day, our success as lawyers and our happiness and stability in life are premised on honoring who we truly are.”

Attorney Christin’s argument that well-being includes being your authentic self reminded me of my suggestion that you spend the summer being you.  And, the more I thought about it, the more I was reminded of my friend David Marlow.

Dave is the Activities Director at Mt. Mansfield Union High School.  In 2018, Dave was Vermont’s Division 1 Athletic Director of the Year.

Last year, Dave did a lot of work getting MMU’s student-athletes involved with mental health awareness.   An aspect of the students’ focus was de-stigmatizing mental health issues and encouraging peers who want help to seek it.  They came up with a phrase that Dave uses often on social media: “It’s okay not to be okay.”  Dave often follows it with #EndTheStigma.

Attorney Christin and Dave make great points that, really, are part of a singular message.

Again, Attorney Christin writes that “[l]awyers must create an environment where they can deal with personal and professional behavioral issues in a timely way rather than internalizing them only to have them surface later in more dangerous and destructive ways.” In other words, not only must we help lawyers deal with behavioral health issues, we must create an environment conducive to seeking help.  Which is exactly what Dave and his student-athletes mean when they say, “it’s okay not to be okay.”

It’s okay to be you.  And, if you need help being you, that’s okay too.  There’s a list of resources here.

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Wellness Wednesday: Survival Skills

One of the blogs I frequent is Attorney at Work.   Enshrined in the ABA Blawg 100 Hall of Fame,* its mission is as follows:

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One Really Good Idea Every Day for Enterprising Lawyers

At Attorney at Work, our goal is to give you the inspiration and information you need to create a law practice — and a life — you love.

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A lawyer named Link Christin contributes to Attorney at Work.  In February, he started a series on survival skills for lawyers. The posts to date:

I recommend each.  Christian identifies the more common aspects of lawyering that put attorneys at risk, then provides practical tips on how best to reduce and respond to the risk.

Proactive wellness is a good thing.

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* Hopefully I’m 101.

Wellness Wednesday: Risk & Response

I’ve been blogging & speaking about wellness since March 2016.  Over time, the tide has turned.  Early skepticism and resistance has given way to widespread acceptance that wellness must be addressed, and even wider enthusiasm in providing solutions.

The various responses to the wellness crisis flow from this 2017 report from the National Task Force on Lawyer Well-Being.  Among other things, the report urged state supreme courts to create commissions to study & make recommendations on how the profession’s various stakeholders could act to improve wellness.

Under the leadership of Chief Justice Reiber and the Supreme Court, Vermont did exactly that.

Late last year, the Vermont Commission on the Well-Being of the Legal Profession issued a State Action Plan. The plan outlines the proactive measures that the stakeholders in Vermont’s legal community will take to improve the profession’s health and well-being.  To my knowledge, following the report & recommendation from the National Task Force, Vermont was the first state to issue an action plan.

Interestingly, while the profession has accepted and started to address the problem, nobody has looked critically at the “why?”  Why do legal professionals suffer from behavioral health problems at such staggering rates?  What is it that puts us at risk?

Until now.

Last month, the Virginia State Bar’s Special Committee on Lawyer Well-Being issued The Occupational Risks of the Practice of Law.  Professor Alberto Bernabe blogged about it here.  The report identifies four categories of risk, then dives deeper within each:

You don’t have to read the entire report.  Pages 2-11 include an accessible and hepful matrix that, for each risk, sets out its (1) potential effects; (2) practice pointers for individuals; and (3) practice pointers for organizations.

For example, lately, I’ve blogged and spoken often on the connection between incivility and wellness.  Here’s what the report from the Virginia State Bar says about the occupational risks associated with the adversarial nature of our work:

More Risk

 

Good stuff.  The matrix does the same for each risk factor. Give it a read.  Again, it’s here.

After all, it only makes sense that the most effective response will come from understanding the risk.

Wellness

 

Five for Friday #165

Welcome to Friday!

With Memorial Day in the rearview, I took a drive today.  Time to emancipate.

Whoops…wrong blog.

What I meant to say is that with Memorial Day in the rearview, I intended to use today’s intro to remind you that, while not even here yet, summer will be over before we know it.  I expected to remind you to make time to enjoy it.

Honestly, I hope summer provides you with time for family, friends, and relaxation.  The things that matter.  But, through personal experiences, I want to share some caveats.

First, if summer isn’t your thing, that’s fine!  As I mentioned in Reach Out, Check Inspring & summer are exceedingly difficult for many.  Far less serious, but still to my point, I’m reminded of Kenny.

I love Kenny. Awesome dude.  He claims to be my cousin – we aren’t – but that’s a story for another day.  Kenny LOVES to ski.  He had more than 100 days on the slopes this past season.  Skiing – and winter – is his wellness.   Summer?  He works about 100 hours a week at a golf course.  Hard, hot, dirty work, but work that frees up his winters.  The fact that I’d prefer just the opposite doesn’t mean that Kenny is wrong or unwell.  It means he’s true to himself.

I’m a creature of summer.  Kenny is a creature of winter.  Both are ok.  Be you.

Second, don’t judge your summer by others’.  Here’s something that the Wisconsin Lawyer Assistance Program posted to Instagram a few days ago:

WISLAP

For the next few months, pictures of friends & colleagues having what appear to be grand ol’ summers will clog your social media feeds.  Don’t be jealous.  Don’t hope that they’re not having as much fun as it looks.  Most importantly, don’t consider their posts a reflection on you and your life.   I deal with this often with someone close to me. It makes zero sense – and is unhealthy – to compare your life to someone else’s digital moment that may or may not reflect reality.

Next, do what you want, not what you think others will approve of.

For many summers, I told myself I had to spend a week in either Maine or on the Cape.  After all, that’s what everyone else does.

I never did.  Often, just thinking about NOT doing what others had done caused me stress and anxiety.  I’d wonder what was wrong with me.  Why hadn’t I booked a week on the coast?  The stress of finding the idyllic summer getaway always ended in me never getting away, stuck in a Labor Day funk beating myself up over another wasted summer.

No more.  Last summer, I didn’t even consider a formal “vacation” somewhere out of state. Instead, I decided that every weekend, I’d drive somewhere in Vermont and go for a long run.

I loved it.  Every part of it.  I loved being on the road early: sunroof open, coffee in the console, tunes blaring.  I loved the runs – seeing parts of the state that I’d never otherwise see. I loved my post-run swims in lakes, ponds, and rivers.  I loved my post-swim-post-run stops at local breweries.  Most of all, I loved being back home that night.  On my deck, grill fired up, those local brews in a chilled glass.

Is that for everyone?  No.  But it’s what’s good for me.  Do what’s good for you. Not what you think others will “like” as good for you.

My final point is this: if you have something “big” planned this summer, enjoy the other moments too. I’ve often found myself so wrapped up in the anticipation of a future event – say a race or a trip – that I forget to make time to enjoy life as it happens along the way.

For instance, in July, my brother and I are going to Chicago for a half marathon and a Cubs game. It’s going to be great.  But it’s almost 2 months away!

I resolve not to get so focused on a late-July weekend as to lose sight of all the weekends to enjoy between now and then.  You know, life’s a journey, not a destination.  Or, maybe what I’m saying is that rather than carving out a week of time for things that matter, I’m going to make a habit of making time for things that matter.  And it’s not just the big things that matter.

Well-being isn’t one size fits all.  However, aspects of it apply to each of us:

  • Be you.
  • Don’t compare yourself to others.
  • Do what works.
  • Make it a habit, one that doesn’t lose sight of the “small” things that matter.

Onto the quiz!

Rules

  •  Open book, open search engine, text/phone/email-a-friend.
  • Exception – but one that is loosely enforced – #5 (“loosely” = “aspirational”)
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • E-mail answers to 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
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

 Except as permitted or required by other rules, a lawyer shall not use information relating to the representation of a client to the disadvantage of the client:

  • A.  True and that’s end of it, there are no exceptions.
  • B.   Unless the client gives informed consent.

Question 2

 True or False.

If one of the Rules of Professional Conduct requires a “writing,” an email complies with the rule.

Question 3

Attorney called me with an inquiry. I listened, then said:

  • “the first thing that the rule requires is that you not state or imply that you’re disinterested.”

Given my response, it’s most likely that Attorney called to discuss the rule on:

  • A.  Candor to a tribunal
  • B.   Trial publicity
  • C.   Dealing with an Unrepresented Person
  • D.   Pro Bono work

Question 4

Lawyer represents Plaintiff in a civil case.  Trial is scheduled to being Monday.

Lawyer called me this morning.  Lawyer told me that, yesterday, Lawyer learned that Witness intends to lie for Plaintiff.

Which is most accurate Vermont’s rule?

  • A.  Lawyer must explain to Plaintiff the risks of providing false evidence, then abide by Plaintiff’s informed decision whether to call Witness.
  • B.   Lawyer may refuse to call Witness if Lawyer reasonably believes that the evidence Witness will offer is false.
  • C.   Lawyer may call Witness, but not ask any questions. Witness must testify in the narrative.
  • D.   Lawyer must withdraw.

Question 5

Lawyer called.  Lawyer told me that Lawyer had been asked to get involved in a matter involving Person.   Lawyer explained that Lawyer had previously belonged to a country club owned by Person’s business.  Lawyer said that Lawyer’s family resigned their membership and asked for a refund of the membership deposit.  The club did not refund the deposit, but placed Lawyer’s family on a wait list to be refunded on a “first resigned/first refunded” basis.  As tends to happen no matter who owns these clubs, no refund has yet to be made.  Lawyer asked my thoughts on whether the refund issue posed a conflict that precluded Lawyer’s involvement in the matter.

Then I woke up!

Your task: Identify Lawyer who made an ethics inquiry in my dream.

I need better dreams.