{"id":4831,"date":"2004-05-15T22:33:33","date_gmt":"2004-05-16T02:33:33","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2004\/05\/15\/barking-lawyer-told-to-heel-h"},"modified":"2011-08-05T14:58:46","modified_gmt":"2011-08-05T18:58:46","slug":"barking-lawyer-told-to-heel-himself","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2004\/05\/15\/barking-lawyer-told-to-heel-himself\/","title":{"rendered":"Barking Lawyer Told to Heel Himself"},"content":{"rendered":"

<\/a><\/p>\n

Frivolousness in court proceedings is not a laughing matter to Prof. Yabut, but this case made us smile, so we had to share it with you.  See NY Lawyer Barks, Judge Takes A Bite Out of His Wallet<\/B><\/A><\/FONT> (NYLJ<\/EM>, by Tom Perrotta, May 14, 2004).  According to the Journal <\/EM>article: <\/FONT><\/DIV>
\n

\n

A Supreme Court judge has sanctioned an attorney $8,500 for frivolous conduct ranging from attempted harassment of his opponents to barking like a dog at a witness during a deposition. <\/EM><\/FONT>
\n

Manhattan Justice Charles E. Ramos said the attorney, David Fink<\/STRONG>, had made false statements in court and his conduct “raises serious concerns about [his] fitness to practice law.”   <\/EM>[Levine v. Angsten, 604063\/00]<\/FONT><\/P><\/BLOCKQUOTE>
\n

The judge found that Mr. Levine and his attorney, Mr. Fink, had “acted in bad faith, vexatiously and wantonly throughout this litigation.”  For example, the article reports:<\/FONT>
\n


\n

\"dog On one occasion, Mr. Fink barked like a dog at Mr. Kittle<\/STRONG> as Mr. Kittle was being deposed. According to a transcript, Mr. Kittle complained that Mr. Fink was talking over him as he tried to answer questions. He later described threatening letters he had received from Mr. Fink as “mad dog lawyer’s letters.” <\/FONT>
\n

The next day, as the deposition continued and Mr. Kittle described Mr. Fink’s letter as “probably the most amazing letter I have received in my life,” Mr. Fink barked at him. <\/FONT>
\n

When Mr. Kittle objected, Mr. Fink said he had been clearing his throat. Mr. Kittle asked his co-counsel Mr. Creadore, who was asking the questions, to tell Mr. Fink not to bark. Mr. Creadore said, “Mr. Fink, please refrain from barking<\/STRONG>.” <\/FONT><\/P><\/BLOCKQUOTE>
\n

I wonder if we need a pooper-scooper rule in the Model Code of Professional Conduct?<\/P>
\n


    \n

  • \n
    \"prof  Skeptics, please note that we have refrained from making puns (even little bitty ones) about the barkee’s name.<\/DIV><\/LI><\/UL><\/FONT><\/p>\n","protected":false},"excerpt":{"rendered":"

    Frivolousness in court proceedings is not a laughing matter to Prof. Yabut, but this case made us smile, so we had to share it with you.  See NY Lawyer Barks, Judge Takes A Bite Out of His Wallet (NYLJ, by Tom Perrotta, May 14, 2004).  According to the Journal article: A Supreme Court judge has sanctioned an attorney $8,500 […]<\/p>\n","protected":false},"author":94,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[2926],"tags":[],"class_list":["post-4831","post","type-post","status-publish","format-standard","hentry","category-pre-06-2006"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6kP1R-1fV","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4831","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/users\/94"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/comments?post=4831"}],"version-history":[{"count":1,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4831\/revisions"}],"predecessor-version":[{"id":13824,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4831\/revisions\/13824"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/media?parent=4831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/categories?post=4831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/tags?post=4831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}