A Federal District Court Judge denied a request for sanctions against an attorney for allegedly making “obscene and threatening comments” toward opposing counsel during a mediation proceeding. Conduct
The motion alleged that the attorney was “shaking his behind in front of Plaintiff’s counsel,” made several obscene remarks about opposing counsel’s hairstyle, and finally, asked opposing counsel if “he wanted to f*** him.” In denying the motion, the Judge relied primarily on Rule 11(c) (Sanctions) of the Federal Rules of Civil Procedure which states that, “[a] sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated.”
The Judge’s Order also cited a Fifth Circuit Court of Appeals decision that stated that the “[p]roper objectives of Rule 11 sanctions are to deter, to punish[,] and to compensate opposing parties. The court should use the least severe sanction that is adequate to fulfill this purpose.” The Judge further reasoned that the extensive press coverage and national attention brought by the Plaintiff’s motion highlighting the attorney’s alleged conduct would no doubt have a negative impact on his reputation and ability to attract business. Thus, the Judge found that the motion itself had already served to punish and deter future conduct.
Additionally, the Judge cited other factors that influenced the order. These included the significant disagreements that existed between the two parties over what actually occurred; the fact that the Defendant’s attorney had already withdrawn; and that while the behavior exhibited by the Defendant’s attorney was clearly inappropriate, neither attorney was “a role model of professional conduct.”
Finally, the Judge found that the Plaintiff’s request for ten thousand dollars in attorney’s fees was excessive stating that, “this motion is short and straightforward and neither it nor the added deposition-coordination justify the large amount of money she seeks, even as a penalty.”
Read the Judge’s Order here.
