Five for Friday # 51


Welcome to December!  I hope everyone had a wonderful Thanksgiving.  Remember: if you’re ever in Flat Rock, NC for Thanksgiving, there’s no need for turkey: instead, visit Hubba Hubba Smokehouse .  Hubba Hubba’s is the official BBQ joint of Five for Friday and is the reason why my Dad made his first ever comment to an online article.

To the business of the day. . .

  • Rules. None.  Any resource available to you is fair game.
  • Exception: question 5. We play that one honest.
  • Team entries welcome & encouraged
  • Creative team names even more welcome & strongly encouraged
  • Email answers to
  • I will post the answers on Monday morning
  • Archived quizzes are HERE.  Good  MPRE prep.
  • Unless stated otherwise, all questions assume that the Vermont Rules of Professional Conduct apply

Question 1

With respect to contingent fee agreements, which is most accurate?

  • A.  If in a writing signed by the client, there is a rebuttable presumption that the agreement is reasonable.
  • B.  Contingent fee agreements are prohibited in post-judgment divorce actions for past due spousal maintenance.
  • C.  A lawyer’s portion of a contingent fee shall not be calculated until after expenses have been deducted.
  • D.  Contingent fee agreements shall specify whether the client’s expenses will be deducted before or after the fee is calculated.

Question 2

Law Firm has a Facebook page.  Firm posts ” ‘LIKE’ this page and receive a gift certificate to Hubba Hubba Smokehouse!”  (my dad clicked it 74 times).    Some commentators and disciplinary types have argued that the post might violate:

  • A.   the advertising rule
  • B.   the rule on direct contact with prospective clients
  • C.   the rule that prohibits a lawyer from inducing another to violate the rules.
  • D.   the rule on client confidences

Question 3

Fill in the blank.

Attorney called me with inquiry.  Attorney wants to speak with Patrick. Attorney explained to me who Patrick is and why Attorney wants to contact Patrick.  I replied “I need more info. Has the clerk certified that Patrick’s term of service complete?”

By my response, it is most likely Attorney encountered Patrick in Patrick’s role as a _________.

Question 4

With respect to Advanced Conflict Waivers, which is most accurate?

  • A.  They do not violate the rules if the client was independently represented in entering into the agreement.
  • B.   The rules specifically prohibit them in criminal cases.
  • C.   They are allowed, but only when a lawyer who represents a married couple during the marriage asks one to sign a waiver that will apply should the couple decide to divorce.
  • D.   They are more likely to be enforced if the client is a sophisticated client.

Question 5

Barry Zuckerkorn is a lawyer.  He’s best known for representing various members of a family. Fortunately, he’s a fictional lawyer.  Otherwise, California’s disciplinary prosecutors would have a caseload full of Barry.  Among other things, Zuckerkorn:

  • paid someone to take the bar exam for him
  • advised a husband & wife that the government can’t charge them both with the same crime, especially if they hold all conversations on a boat in international waters
  • used “Ask Jeeves” to do his online legal research
  • advised a criminal defense client to have a family member steal evidence from the prosecutor’s house
  • was arrested for prostitution
  • once told clients who were facing significant legal trouble that there was good news & bad new . . .  “the good news is that your legal costs are going to make me a fortune.”
  • was fired and replaced as the family’s lawyer by Bob LobLaw

Name the TV show.

Bonus: the actor who played Zuckerkorn first gained fame on a much older TV show.  Name that show.




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