Thursday, September 2, 2010

Turn Down the Music

An attorney drew a public censure from the New York Appellate Division for the First Judicial Department for the following incident:

Respondent's criminal convictions stem from an altercation with another patron at a restaurant he had attended with his wife and child. At some point, respondent was disturbed by noise emanating from a portable DVD player in a nearby booth, occupied by the patron and her father. Respondent asked her to turn down the music and also complained to the manager. After respondent voiced his dissatisfaction with the patron's adjustments and the manager's suggestion that he relocate, the verbal altercation escalated, culminating with respondent punching the victim.

The court found that the conduct was an aberration. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/09/an-attorney-drew-a-public-censure-from-the-new-york-appellate-division-for-the-first-judicial-department-for-the-following-in.html

Bar Discipline & Process | Permalink

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Comments

Whatever happened to the ethical rule that one should never hit a woman? This attorney apparently did so twice! Except that he still maintains that he didn’t. He contested the criminal prosecution and was adjudged guilty. Then in the disciplinary hearing, he was charged with “dishonesty, fraud, deceit, or misrepresentation” when he continued to exclaim that he didn’t hit her. On what evidence? Did the Referee freshly consider the issue of whether he did actually hit her? Or did he rely on the facts found in the criminal prosecution? If the latter, then isn’t this yet another example of an attorney being punished simply for continuing to protest his innocence and refusing to accept the moral (rather than legal) validity of a court judgment?

Stephen

Posted by: FixedWing | Sep 2, 2010 7:32:53 AM

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