Wednesday, April 20, 2011

Mutual Contempt

The web page of the Tennessee Board of Professional Responsibility reports a public censure of an attorney for comments about a judge. The judge had held the attorney in contempt based on his conclusion that the attorney had assisted the client in disobeying a court order.

The Tennessee Court of Appeals reversed the contempt, finding the evidence insufficient to support the contempt citation. Howver, in the brief to that court, the attorney referred to the trial court's findings as "lies" and its actions as "calculated" and "illegal." The court found that "[w]hile [the attorney] had the right, indeed the duty to represent her client in [a zealous] manner, and herself in this appeal, her use of the brief as a vehicle to convey her contempt of the trial court is inexcusable."

The censure is for the offending remarks cited by the court. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/04/mutual-contempt.html

Bar Discipline & Process | Permalink

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