Monday Morning Answers

I’m not messing around this morning.  Last week’s quiz is HERE. The answers follow the Honor Roll.


Perfect scores in Steeler Black & Gold

  • Matthew Anderson, Pratt Vreeland Kennelly Martin & White
  • Beth DeBernardi (Permanent Honor Roll Status as of Week 48)
  • Andrew Delaney, Martin Associates
  • Robert Grundstein
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • Patrick Kennedy, First Brother (Permanent Honor Roll Status as of Week 48)
  • Aileen Lachs, Mickenburg Dunn Lachs & Smith
  • Hal Miller, First American
  • Kane Smart, Down Rachlin Martin
  • Emily Tredeau, Office of the Defender General
  • Allison Wannop, Vermont Superior Court

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.  See, Rule 1.5(c).

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. Arguably, a “like” is the equivalent of recommending a lawyer’s services.  Thus, a “like” might violate Rule 7.2(b).  
  • 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 JUROR.

Key to know before contacting jurors: whether the court has certified that the term of service is complete.  Compare Rule 3.5(b)(2) to Rule 3.5(c).

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. See, Rule 1.7, Comment 22.   I have reservations about advance conflict waivers. Conflict waivers require “informed consent.” I don’t know how a client can consent to waive a conflict that arises after a client agrees to waive it. Doesn’t seem “informed” to me.

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.  ARRESTED DEVELOPMENT.  If you haven’t seen it, check it out on Netflix. In a brief 3-year run, it won six Prime Time Emmys and was named by TIME Magazine as one of the 100 best TV shows ever.



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

Henry Winkler played Zuckerkorn. So, heyyyyyyy, the answer is HAPPY DAYS.