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
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).
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
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).
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.
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.