Five for Friday #153

“Days will be long but the years will fly right by
We’ll never be as young as we are tonight
Baby, ain’t that right?”

~  Make It Sweet, Old Dominion

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Welcome to #153.

Luke Perry died Monday.  He was 1 birthday shy of 53.

If you don’t know Luke Perry, he was an actor.  Countless outlets, including the New York Times, covered his death.  For purposes of this column, and with no offense to younger legal professionals & law students who are Riverdale fans, Perry played Dylan McKay on Beverly Hills, 90210.

Until I heard that he’d died, I hadn’t thought of him in a long, long time.  Still, the news struck me.  Because Dylan McKay reminds me of Younger Me.

No matter how old you are, there was, is, or will be someone who reminds you of Younger You.  Someone who makes Today You laugh at Younger You, while also making Today You realize that there’s no better time than now to create Future You.

That’s wellness.  Let me explain.

I did my undergrad at UVM, then entered GW Law in 1990.  Back then, FOX wasn’t available in Vermont.  It was available in the DMV.  One of Younger Me’s thrills in moving to D.C. was the ability to watch The Simpsons.  

Correct.  Younger Me arrived at law school eagerly awaiting access to a cartoon. What can Today Me say?  That cartoon is still running.

Anyhow, 90210 debuted on FOX that fall.  Thinking back, I’m not sure I liked it. But, I’m positive Younger Me was addicted to it.

Here’s where laughing at Younger Us comes in.

First, don’t we always laugh at our former selves?

Little me

Seriously mom! A comb over, disco collar, and sweater with bicyles on it?

Second, for those of you who watched 90210, what were we thinking?  Seriously! Would you want your high school daughter hanging around with a guy who looked as old as Dylan?  At least he was only 24 when the show opened. Andrea was 29! Steve was 26 and has WAY more hair in his current Wiki pic than he did on the show. It’s comical that we bought into the notion that they were high school students.

But maybe laughing at Younger Us isn’t a bad thing.  Because laughing is good, and journeys down memory lane can be fantastic.

Prepping this post last night, Perry’s passing started me down a Google/YouTube/Prime-playlist rabbit hole of all things 90210 and the 90s.  I loved the trip.  I put some ribs on the grill, poured a Jack & Coke, and got lost in what used to be.  It made me happy to revisit things that made Younger Me happy.

And that’s okay.  No matter who your Luke Perry/Dylan McKay was, is, or will be, it will always be okay, every now and then, to go down the rabbit hole to Younger You.  Try it.  I guarantee that you’ll smile, if not laugh.

Smiling and laughing are wellness.

Which gets me to Future Us.

I’m not yet old enough to have had my Luke Perry die.

Because he could’ve been me.

And I’ve not yet taken a week off in March to go to spring training.  

I’ve not yet learned to play piano or any of the guitar parts to Paradise City.  Or visited Alaska.

I LOVE college football.  Many years ago, my dad moved to a town in North Carolina that is within easy driving distance of several major college football schools.  

I’ve not yet worked from his house in October, spending the autumn weekends driving to college football games. 

Younger Me would be shocked at all I haven’t done.  And Luke Perry is dead.  There is zero chance that Younger Me would’ve bet on Dylan McKay dying before I did the things Younger Me resolved to do.

You are the same. There are many things that Younger You expected you to have done by now.  And it’s not an age thing.  Whether 26 or 86, Yesterday You might’ve resolved to do something that Today You is already putting off.

Those things are wellness.

As Old Dominion sings, “we’ll never be as young as we are tonight.” In other words, no matter how old you are today, you are tomorrow’s Younger You.

Do the things that Younger You wanted to do.

Do them today.

That’s wellness.

PS: for you OD fans, and from your emails I know many of you are, I love their music and I’m all about their No Shoes Nation vibe.  So much so that Today Me resolves that Future Me will soon let the windshield frame the ocean while the radio is coast-to-coastin’.  Alas, what Today Me wouldn’t give to let that surf side Santa Anna wind mess up the hair that Younger Me had as a 3L.

img_1862

As one of my former players asked “where’d the flow go bro?”

Dude, that s(tuff) don’t just Snapback.

Onto the quiz!

Rules

  • None.  Open book, open search engine, text/phone/email-a-friend.
  • Exception – but one that is loosely enforced – #5 isn’t open book.  (“loosely enforced” = “aspirational”)
  • 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
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

This morning, Client shared information with Lawyer that caused Lawyer reasonably to believe that Client intends to commit suicide tonight.  Lawyer wants to disclose Client’s intent to someone who can intervene.  Under Vermont’s rules, Lawyer

  • A.   must not disclose client’s intent
  • B.   must disclose client’s intent
  • C.   must disclose client’s intent, unless client affirmatively told Lawyer not to
  • D.   may disclose client’s intent

Question 2

If a lawyer is holding funds to which both a client and third person claim interests, the lawyer must:

  • A.  disburse the funds as directed by the client
  • B.   hold the funds until the dispute is resolved
  • C.   pay the funds into court
  • D.  withdraw from representing the client

Question 3

Which is correct? A or B?

In an ex parte proceeding, a lawyer ____________ a duty to inform the tribunal of all material facts that will assist the tribunal to make an informed decision, even if the facts are adverse to the lawyer’s client.

  • A.   has.
  • B.   does not have.

Question 4

Lawyer called me with an inquiry. I listened, then said “it’s okay as long as

  • the client gives informed consent,
  • the person doesn’t interfere with your professional judgment or relationship with your client, and,
  • you do not share information with the person that is otherwise confidential and protected from disclosure by Rule 1.6.”

Given my response, what did Lawyer want to know if the person could do?

  • A.   retain Lawyer
  • B.   meet with Lawyer to share information helpful to the client’s matter
  • C.   pay Lawyer to represent the client
  • D.   None of the above

Question 5

Judge Merrick Garland made headlines this week, and it had nothing to do with his nomination to the United States Supreme Court.  Rather, it had to do with two topics near and dear to this blog, one of which is the duty of competence.

Judge Garland authored an appellate decision in which he noted that the trial lawyers for one of the parties had conducted an incredibly competent cross-examination.  Throughout the opinion, Judge Garland compared the trial lawyers’ cross-examination to one conducted by a fictional lawyer who is also near & dear to this blog.

Name that fictional lawyer.

 

 

 

 

 

 

 

 

 

 

 

Monday Morning Answers #128

It makes her think of me.

Friday’s reflection on fairs gone by is here.  The answers follow today’s honor roll.

But first, I spent some time in the NEK this weekend, running both around Island Pond and along Lake Willoughby. I’ve been up there often, but have never come over Bald Mountain from Island Pond to Willoughby.  The views from Sentinel Rock State Park are phenomenal!  I imagine the area is prime leaf peeping territory.

Sentinel Rock

Sadly, don’t wait too long!  The northern side of the mountain already has several patches of red . . .in AUGUST! I assume the early color is due to the dry summer. Alas, Willoughby itself was warm and as crystal clear as ever.  If you get a chance, it’d be a great spot to beat the heat the week!

Honor Roll

Answers

Question 1

Which belongs somewhere else than with the others?

A lawyer shall:

  • A.   keep the client reasonably informed about the status of the matter.
  • B.   explain the matter to the extent reasonably necessary to permit the client to make informed decisions.
  • C.  in an ex parte proceeding, inform the court of all material facts known to the lawyer which will enable the court to make an informed decision
  • D.   Trick question. All 3 are in separate rules.

C is in Rule 3.3(d), and is an aspect of the larger duty of candor to a court.  A & B are parts of Rule 1.4 and the duty to communicate with a client.

Question 2

True or false.

There’s a rule that specifically requires a lawyer to make reasonable efforts to expedite litigation, consistent with the interests of the client.

TRUE – Rule 3.2

Question 3

By rule, a lawyer shall not act as an advocate in a trial in which:

  • A.  the lawyer is likely to be a “necessary witness”
  • B.  another lawyer in the lawyer’s firm is a party
  • C.  another lawyer in the lawyer’s firm is a witness
  • D.  All of the above.

This is the language from Rule 3.7 and disqualifies the lawyer who is likely to be a necessary witness from acting as an advocate at trial.  The situations in B & C are not absolute bans, but only DQ the lawyer if the relationships otherwise create a conflict.

Question 4

A client’s failure to abide by the terms of a fee agreement:

  • A.   is not grounds for a lawyer to move to withdraw
  • B.   mandates that the lawyer move to withdraw
  • C.   permits the lawyer to move to withdraw.  Rule 1.16(b)(5); See also Comment [8]
  • D.  is not covered by the rules of professional conduct

Question 5

Inspired by a recent text from one of the first people ever to follow this blog.

Bob Loblaw is the Bluth family lawyer on Arrested Development.  His advertising slogan is “You don’t need double talk, you need Bob Loblaw!”  Also, as do all great lawyers, he blogs.  His blog is the “Bob Loblaw Law Blog.”  The Bluth family hired Bob to replace the incompetent Barry Zuckerkorn.

In real life, the actors who play Loblaw and Zuckerkorn also played characters in a sitcom that debuted 30 years before Arrested Development.

Name the sitcom.

First, if you didn’t pick up on the joke, Bob Loblaw is named as such in order to sound like “blah blah blah.”  His blog is “blah, blah, blah, blah, blah.” 

Scott Baio plays Loblaw and Henry Winkler plays Zuckerkorn.   An eternity ago, the two played Chachi & Arthur Fonzarelli (Fonzie) in Happy Days.

See the source image

Five for Friday #128

She kept the hotel key.

Welcome to #128!  Vermont Route 128 is, of course, how I get to the Steeple Market, which is the official market of this blog.  And, of course, Route 128 ends in Essex, home of the Champlain Valley Fair.  Where, tonight, the gang and I are going to the Old Dominion concert.

I love the fair.  ALways have.  I’m not positive, but I think my parents used it as a baby-sitting tool when I was a kid.

Michael, take your brother to the fair.”

“Mom, it’s like 7AM.”

“Now!  And stay all day.”

“That’s what we did yesterday.”

“Michael!!!”

Latchkey kids are the best.  But, I digress.

Oddly, for liking the fair so much, I do not like rides.  Not one single bit. Mainly because I’m a big ole chicken.  I have vivid memories of paralyzing fear gripping me – – as I stood in line for a ride!  The ride itself?  Awful. Like, on a scale of 1-10, it was infinity level of awful.  I’d close my eyes and pray for the entire ride.  I think my stomach might clutch tonight if I even happen to glance at the Pirate Ship.

No, for me, it’s the food.  And the people watching.  But mostly the food.  Fried dough.  Al’s French Frys.  The magical building where every single food item is maple. I mean, seriously, how awesome is that?  EVERY SINGLE THING HAS MAPLE!  Maple!  Nature’s best condiment!  (well, after peanut butter).

But the best of them all?  Mr. Sausage.

Back in the day, I worked at a gas station on Shelburne Road.  My buddy Skip’s dad owned it.  Skip knew Stan Gumieny, aka Mr. Sausage, and we both knew Stan’s daughters, Julie & Jill. For 2 summers, I took a week off from working at the gas station so I could work for Stan, grilling sausages at the Fair.

Sweet Italian sausage.  Hot and spicy sausage.  Grilled peppers & onions, the greasier the better.  So much mustard that the health department might arrest you on the spot.

I don’t remember many details.  I remember it was hard work.  Hot, and busy.  And I was kind of lazy – Stan often had to yell at me not to serve sausages that were only half-cooked.  Health regulations or something silly like that.  But I had a crush on Jill, so I was more than willing to work double shifts.

And the smell.  I always loved the smell of the food at the Fair.   I know you all know what I mean.  Drop me in blindfolded and tell me to guess where I am, it’d take a millisecond. And, to this very day, even though I rarely eat it, I love the smell of sausage being grilled.

Mostly, I recall it as being fun.  Hanging out with my friends, acting like we were real restraunteurs, cranking the tunes & drinking beers as we cleaned the grills each night after closing.  Endless, in our minds. Looking back, it’s one of those things that you do, having no idea how good you have it at the time.

It was the best summer job I ever had.

Alas, as it does, life intervened.  Summers end.

I haven’t seen Skip, Jill, or Julie in forever. I don’t even know where they are.  But, I know this: tonight, whether or not he still works the grill, Stan’s Mr. Sausage stand will be at the fair, serving up fully cooked, fantastically tasty sausages.

And I’m going to have one.

Onto the quiz!

Rules

  • None.  Open book, open search engine, text/phone/email-a-friend.
  • Exception: if you must, open book for Question 5 . But, we try to play that one straight.
  • 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
  • Please consider sharing the quiz on social media.  Hashtag it – #fiveforfriday

Question 1

Which belongs somewhere else than with the others?

A lawyer shall:

  • A.   keep the client reasonably informed about the status of the matter.
  • B.   explain the matter to the extent reasonably necessary to permit the client to make informed decisions.
  • C.  in an ex parte proceeding, inform the court of all material facts known to the lawyer which will enable the court to make an informed decision
  • D.   Trick question. All 3 are in separate rules.

Question 2

True or false.

There’s a rule that specifically requires a lawyer to make reasonable efforts to expedite litigation, consistent with the interests of the client.

Question 3

By rule, a lawyer shall not act as an advocate in a trial in which:

  • A.  the lawyer is likely to be a “necessary witness”
  • B.  another lawyer in the lawyer’s firm is a party
  • C.  another lawyer in the lawyer’s firm is a witness
  • D.  All of the above.

Question 4

A client’s failure to abide by the terms of a fee agreement:

  • A.   is not grounds for a lawyer to move to withdraw
  • B.   mandates that the lawyer move to withdraw
  • C.   permits the lawyer to move to withdraw
  • D.  is not covered by the rules of professional conduct

Question 5

Inspired by a recent text from one of the first people ever to follow this blog.

Bob Loblaw is the Bluth family lawyer on Arrested Development.  His advertising slogan is “You don’t need double talk, you need Bob Loblaw!”  Also, as do all great lawyers, he blogs.  His blog is the “Bob Loblaw Law Blog.”  The Bluth family hired Bob to replace the incompetent Barry Zuckerkorn.

In real life, the actors who play Loblaw and Zuckerkorn also played characters in a sitcom that debuted 30 years before Arrested Development.

Name the sitcom.