Monday Morning Answers – The Fair

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

Honor Roll

  • Laura Gorsky, Esq.
  • Bob Grundstein, Esq.
  • Thomas Kester, Assistant General Counsel, Blue Cross & Blue Shield of Vermont
  • Jonathan Teller-Elsberg, Vermont Law School, Class of 2020,
  • Thomas Wilkinson, Jr., Cozen O’Connor

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

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

Monday Morning Answers

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

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:

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.

 

arrested-development

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.

happy-days

Five For Friday #22

If you have the time, before or after the quiz, please take a look at this post in the ABA Journal. I’m going to blog about it in greater detail this weekend or early next week.  Specifically, I’m going to ask: should the PRB recommend that the Court amend the Rules of Professional Conduct so as to allow nonlawyers to have ownership interests in law firms?

Also, PLEASE, take the time to email Kevin Ryan.  Today is Kevin’s final day as the VBA’s Director of Education and Communications. He recently accepted the position as Executive Director of the Monroe (NY) County Bar Association.  Kevin is my friend and, besides, has been a HUGE supporter of the Professional Responsibility Program.  He has done a fantastic job educating lawyers on issues related to legal ethics and professional responsibility.  Kevin – thank you, I’ll miss you, I wish you the best.

Now, for the quiz.

  • there’s no such thing as “cheating” on this quiz. use any resource available to you.  exception: question 5.
  • email answers to michael.kennedy@vermont.gov
  • encourage friends, colleagues, co-workers to enter

Question 1

Several rules require a lawyer to obtain a client’s “informed consent, confirmed in writing.”  Which is most accurate?

  • A.  In situations that require a client’s informed consent, a lawyer may not act until the client’s informed consent is confirmed in writing.
  • B.  If a lawyer has obtained a client’s informed consent, the lawyer may act in reliance on that consent so long as it is confirmed in writing within a reasonable time thereafter.
  • C.  The rules are silent on this issue.

Question 2

Lawyer called me with an inquiry. I listened. Then, I asked “will any activities of the partnership include the practice of law?”

Most likely, Lawyer called to discuss:

  • A.  Selling her firm, but remaining “of counsel.”
  • B.  Bringing on a new attorney to work “of counsel.”
  • C.  Forming a partnership with a nonlawyer.
  • D.  Opening an office in another jurisdiction.

Question 3

Attorney called me with an ethics inquiry.  I listed, then said “a comment to the rule makes it clear that the rule doesn’t apply to an organization’s former constituents.”

Given my statement, it is most likely that Attorney called me to discuss the rule that deals with what topic?

Question 4

Lawyer called with an inquiry. I responded “the rule only applies if a ‘significant motive’ for doing so is your ‘pecuniary gain.'”

What did Lawyer call to discuss?

Question 5

A long, long time ago, Henry Winkler and Scott Baio gained fame playing Fonzie and Chachi on Happy Days.  More recently, the actors played lawyers – one ethical, one not so ethical – on an Emmy award winning television show. Name the show.