#fiveforfriday #78: Bucky F$#*ing Dent

After a two-week hiatus, welcome back to #fiveforfriday! It’s #78 in the list of installments of the most popular legal ethics trivia game on the internet.*

*(puffery isn’t unethical.  might not be valid in AK or HI. other terms & conditions may apply.)

What’s 78 mean to me? Sadly, it’s the 2nd in a trilogy of 3 Red Sox related heart breaks on the journey from the 75th #fiveforfriday thru the 86th.

At one point in the summer of 1978, a soon-to-be 6th grader’s beloved Sox led the evil Yankees by 14 games.  They blew the lead – and then some, trailing the Bombers by 1 game with a week to go in the season.  Often lost to history, while New York finished 6-1, the Sox valiantly went 7-0 over the final week to force a one-game playoff for the AL East title.

A few things stick in my mind about the game.

It was afternoon game. Imagine that!  By then I was a full-fledged 6th grader at South Burlington Middle School.  The school day ended at 3:15. I had Mr. Newton for math, and math met in the final period.  Mr. Newton was a huge Sox fan. His fellow math teacher, and my middle school basketball coach, Mr. Culver, was a huge Yankees fan.  The two conspired to roll televisions into the classrooms and we were treated to the first inning or so of the game.  What kind of school principal would tolerate such behavior?!?!  My dad, that’s what kind.

I don’t have many specific-memories of the game.  What I do remember clearly is this:  with the Sox trailing 5-4 in the bottom of the 9th, and 2 runners on, Yaz came to the plate.  He was an icon to legions of kids in New England. My brother and I counted ourselves among the region’s scores of wiffle ball players perfectly able to imitate The Captain’s crazy left-handed batting stance.  Just as surely as we did when we hit like him in our backyards, Yaz would drive in the tying & winning runs in dramatic fashion.

He popped out.  Not only did he pop out, but it was in foul territory.  I’ll never forget the bitter sadness, a level of despair that was a rite of passage to generations of New England kids, this time accompanied by the inexplicable: our hero is mortal?

The title of this post refers to a Yankee shortstop who specialized in hitting pop flies for outs.  In a quirk of trajectory & stadium architecture, and on that blazingly sunny October afternoon in 1978, one of his pop flies sailed over the Green Monster.  Bucky “F$%*ing” Dent.

This one’s for you Hal Miller.

Onto the quiz!


  • None.  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome
  • E-mail answers to michael.kennedy@vermont.gov
  • I’ll post the answers & Honor Roll on Monday
  • Please don’t use the “comment” feature to post your answers
  • Please consider sharing the quiz with friends & colleagues
  • Hashtag it – #fiveforfriday

Question 1

By rule, a lawyer has a conflict if there is a significant risk that the representation of a client will be limited by the lawyer’s responsibilities to ________, ________ or _________, or by ___________________.

Your mission, should you choose to accept it, fill in at least ONE of the blanks. (hint: each blank is more than 1 word)

Question 2

Remaining on conflicts for a moment, a Comment indicates that ” ________  ___________ requires that each affected client be aware of the relevant circumstances of the material and reasonably forseeable ways that the conflict could have adverse effects on the interests of that client.”

Which fills in the blank verbatim?

  • A.    Dual Representation
  • B.     Informed Consent
  • C.    Continued Representation
  • D.   Conflict Waiver

Question 3

Which type of fee agreement is different from the others?

  • A.   Contingent fee agreement
  • B.   An agreement to a non-refundable fee, paid in advance, that a lawyer may treat as the lawyer’s property before any legal services are rendered
  • C.   An agreement by lawyers in different firms to share the fee charged to a single client
  • D.   A standard hourly fee agreement

Question 4

Attorney called me with an inquiry.  She represents Defendant in a civil case and had a question related to some of the potential witnesses for Defendant.  I listened, then responded:  “by rule, you can make the request only if (1) the witness is a relative, employee, or agent of Defendant; or (2) if you reasonably believe that the potential witness’s interests won’t be adversely affected by agreeing to your request.”

What proposed course of conduct by Attorney do “make the request” and “your request” refer to?

Question 5

Oscar “Zeta” Acosta was a real-life attorney who practiced law in California.  In 1971, he and a famous writer took two trips to Las Vegas. On the first, the two attended the Mint 400, an off-road race that Sports Illustrated had dispatched the writer to cover.  A month later, they returned to Vegas, with the writer having been assigned by Rolling Stone to cover the National District Attorneys Association’s Conference on Narcotics and Dangerous Drugs.

The writer’s trips to Vegas with Attorney Acosta inspired a book.  In the book, a lawyer whose character is based on Acosta engages in behavior that, at the very least, would result in a referral to the Lawyers Assistance Program, if not a disciplinary prosecution.

For 1 point each, who was the writer with whom Attorney Acosta travelled to Las Vegas? And, what was the name of the character who was based on Acosta?



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