Monday Morning Answers #106

Welcome to Monday!

Friday’s questions are here.  The answers follow today’s Honor Roll.

My team had a busy weekend.  We won our quarterfinal game Friday night.  Then, Saturday afternoon, the guys held off Edmunds, 25-23, in a semi-final thriller. That proved to be the end of the line, however, as Albert D. Lawton steam-rolled us in Saturday night’s championship.  Despite the loss, I’m super proud of the players.  They’ve grown so much since November and, even though defeat was apparent by halftime, they competed their tails off until the final buzzer.

And, yes, I already miss them and their questions.


Honor Roll

  • Karen AllenKaren Allen Law
  • Matthew AndersonPratt Vreeland Kennelly & White
  • Alberto Bernabe, Professor, John Marshall Law School
  • Andrew Delaney, Martin & Associates
  • Robert Grundstein
  • Keith Kasper, McCormick Fitzpatrick Kasper & Burchard
  • Jeanne Kennedy, My MomJB Kennedy Associates
  • Deb KirchweyLaw Office of Deborah Kirchwey
  • Shannon LambPratt Vreeland Kennelly Martin & White
  • Kevin LumpkinSheehey Furlong & Behm
  • Lon McClintockMcClintock Law Offices
  • Jack McCullough, Project Director, Mental Health Law Project
  • Jeffrey MessinaBergeron Paradis Fitzpatrick
  • Hal Miller, First American
  • Herb Ogden
  • Jim Runcie, Runice & Ouimette
  • Robert Tyler, Associate General Counsel, University of Virginia
  • Thomas Wilkinson, Jr., Cozen O’Connor



Question 1

There’s a rule that applies only to a specific type of lawyer.  Per a comment to the rule, it’s a type of lawyer who “has the responsibility of a minister of justice and not simply that of an advocate.”

What type of lawyer?

Prosecutor in a criminal case.  Rule 3.8.

Question 2

(this one keeps happening, so I’m going to keep asking)

Attorney called me with an inquiry.  Attorney said “Mike, I represent a witness.  The defendant’s attorney keeps contacting my client directly. I asked him to stop.  He said he doesn’t need my permission because my client is only a witness, not a party.  Is he right?”

What was my response?

  • A.   Yes, he’s right.
  • B.   The rule is unclear.
  • C.   The rule is unclear, but, by case law, no, he’s wrong.
  • D.  He’s wrong. The rule applies to any person represented in a matter.  

Rule 4.2 applies whenever a lawyer knows that a person, party or not, is represented in a matter.

Question 3

How long do the rules require lawyers to keep copies of advertisements?

  • A.   2 years
  • B.   6 years.
  • C.   Wait, what? We have to keep copies of advertisements?
  • D.  They don’t.  The 2-year retention requirement was repealed in 2009.

Question 4

True or false.

If a lawyer sells her practice, the rules require her to cease the private practice of law in the geographic area in which she practiced.

True.  I don’t know that I understand the rationale, but it’s in the rule.  It’s Rule 1.17(a).

Question 5

Monday is Presidents’ Day.

25 U.S. Presidents have been lawyers.

Name the most recent U.S. President to have argued a case before the United States Supreme Court prior to becoming president.

Richard Nixon.  In 1966, Nixon argued on behalf of the Hill family in Time, Inc. v. Hill.

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