Important! June 12th, 2024 Webinar Attendees, please click here to complete our Survey or Verification Request Form.

Click Here

Shaking Your Booty Brings Litigation Woes

Last update

at

by:

by:

Share

Print Friendly, PDF & Email
Lawyer hit with sanctions motion for alleged "abusive language and gestures."

It’s fine to shake your booty on the dance floor, but don’t try it during mediation.

You might find yourself on the receiving end of a sanctions motion requesting thousands of dollars and your disqualification from the case.

It happened in Texas, where plaintiff’s counsel in a civil case said the defendant’s attorney “embarked on a campaign of abusive and intolerable conduct that began with profanity-laced conversation, which escalated to discriminatory slurs, and culminated into an explicit rhetoric against plaintiff’s attorney,” according to this Motion for Sanctions filed on February 13, 2020.

The motion seeks the disqualification of defense counsel because of “alleged ‘abusive language and gestures’ during a mediation in August 2019” and “‘shaking his behind’ in front of the opposing lawyer and denigrating the lawyer’s ponytail,” reports the ABA Journal.

Read about the case here and here. Read the Motion for Sanctions here.

If you practice in Wisconsin, Texas, Minnesota, Ohio, Illinois, Indiana or Michigan, you can stay on top of ethics and risk management news by being a member of Alta Pro Lawyers RPG. You’ll get access to free webinars, the Pro Practice Playbook, Reminger ProLink, Ask the Risk Pro and more. Here’s how to join.

In the Texas case, plaintiff’s counsel said he’d been consistently polite and professional, but opposing counsel had not reciprocated in kind.

The sanctions motion seeks to:

  • Throw defense counsel off the case
  • Bar him from communicating with plaintiff or plaintiff’s counsel
  • Require him to pay $7,000 to cover the cost of the sanctions motion and attempts to coordinate a deposition

“Litigation is tough enough when the attorneys are working together,” the motion says, as reported by the ABA Journal. “It is tougher when the attorneys are not working together. Litigation becomes almost impossible when one of the attorneys decides to make disrespectful and abusive comments towards the other attorney.”

ABA Model Rule 4.4 Transactions With Persons Other Than Clients
(a)  In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Today’s Cybercriminals are getting more and more sophisticated. Alta Pro invites you to join in on a conversation with attorney Kevin O’Hagan, a recognized thought leader in Data Breach and Cyber Liability. The FREE one-hour CLE webinar “10 Things Lawyers Should Know About Cyber Liability” will be presented Tuesday, March 31 (12 PM Central/1 PM Eastern). This webinar is approved for one hour of free CLE credit as a benefit of your Alta Pro RPG membership. Seats are limited, so reserve yours today.

Share

Print Friendly, PDF & Email

Related Posts on Altaprorpg.com!

Alta Pro Logo Icon

About the Editorial Staff

In an age of consolidation where increasingly impersonal transactions have made customer service an oxymoron, we bring together independent agents, insurance companies, and other industry specific service providers to develop and deliver insurance products and risk management solutions that benefit our insurance customers.

Join Our Newsletter

Occasional newsletters and CLE invites

Find Us on Social

Upcoming CLE Webinar: Essential Business Skills for Busy Lawyers Part 2 – Build Your Legal Practice Like a Pro

August 28, 2024 1:00 pm EST
CLE Credit: 1.0 Regular

Colleen L. Byers

Colleen Byers Mediation, LLC

Archives

Latest Videos

1 Hour

Essential Business Skills for Busy Lawyers Part 1 – Communicate Like A Pro

1 Hour

Creating an Attorney Compensation Plan That Will Build Firm Culture and Attract Top Talent

1 Hour

Cybersecurity for Attorneys: Employing Competent and Reasonable Safeguards

Need Help?

Visit our Frequently Asked Questions page. 

Or email us directly at info@altaprorpg.com

Or submit your issue in the comment form below and we will respond as soon as possible.