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Professionalism Trumps Freedom of speech in the court room (which is a good thing) Bus. Code §6068(b)

On Behalf of | Mar 1, 2019 | Civil Procedure, Employment |

The moral fiber of our society continues to degrade.  The following is an attorney ethics issue and as a reminder attorney’s are held to a higher standard.

After a trial on a sexual harassment claim  resulting in an $8,080 jury verdict, and a $7,000 costs award, Plaintiff’s counsel was upset he was not awarded the $133,000 of attorneys fees he requested on the FEHA claim and Labor Code 218.5 and appealed the attorney fee award for abuse of judicial discretion.  The Court of Appeal sustained the trial court’s order and commented that  it did not appreciate that the plaintiff’s attorney wrote that the prior trial judge “was off in a crazy place. Thank God he’s gone now. No offense.”  The Court pointed out that Business and Professions Code section 6068, subdivision (b) provides that it is the duty of an attorney to “maintain the respect due to the courts of justice and
judicial officers”  and disrespectful statements about judges is grounds for bar disciplinary action.  The attorney in his appellate briefs also wrote referring to the female trial judge who would not award the attorney fees he requested as  “disgraceful,” “pseudohermaphroditic misconduct,” or “reverse peristalsis” .  He further referred to the trial judge’s conduct and ruling as “succubustic”.  A succubus is defined as a demon assuming female form which has
sexual intercourse with men in their sleep.  (Martinez v. O’Hara (2/28/19) 4 Civ G054840, Div 3 )  This is a 4th District case.