Lawyers Behaving Badly

49afd8240a58bf0fb97d4a86105572c1I’ve been told that sociopaths have three favorite occupations: practicing law, running large companies/CEO’s or holding government office/politicians! It’s a joke, but I’m sure more than a few people would agree. This week two “bad” lawyer articles came to my attention, thus my title “Lawyers Behaving Badly”.

The first is Fort Wayne Indiana lawyer James Allen Hanson, age 41, who in a fit of pique penned a Facebook message to the ex- husband of his matrimonial client, Nachole Mevis. Hanson was acting for her in respect of her divorce and in regards to an assault charge she faced where her former husband was the victim. It’s not clear why Mr. Hanson was so riled up, although media reports indicate his client was in jail for domestic assault. The message he sent read:

“You pissed off the wrong attorney. You want to beat up women and then play games with the legal system…well then you will get exactly what you deserve. After I get Nachole out of jail. I’m going to gather all the relevant evidence and then I’m going to anal rape you so hard your teeth come loose. I tried working with you with respect. Now I’m going to treat you like the pond scum you are. Watch your ass you little (expletive). I’ve got you in my sights now.”

Ms. Mevis’ former spouse, Chad Vice, contacted the police and attorney Jim Hanson was arrested and charged with felony intimidation, admitting that he sent the message to Mr. Vice while protesting that Mr. Vice gave as good as he got.

Meanwhile in Philadelphia Pennsylvania another lawyer came off the rails. Francis Malofiy brought a copyright infringement lawsuit against pop star, Usher, and nineteen other defendants in regards to Usher’s song, “Bad Girl”. In the course of representing his client, Dan Marino, Mr. Malofiy was described by trial judge Paul S. Diamond as “a paradigm of bad faith and intentional misconduct”, an unflattering portrait that was close to an understatement.

In a pretrial discovery/deposition of a certain witness, attorney Malofiy was deliberately abusive and obstructionist, making lengthy, baseless objections. He was also rude and sexist. In one exchange with defendant’s counsel he said “Don’t be a girl about this..” Opposing counsel responded “I would appreciate you not referring to me as a girl, which you have done repeatedly on the record and off the record.”

He continued to volley insulting and intimidating comments including:

“Counsel you’re defending thieves and you’re acting like somebody who should be hanging out with them at this point”

“You coached him to hell and the Judge came out and slammed you. Slammed you!”

“You’re like a little kid with your little mouth”

During one deposition Mr. Malofiy’s behavior prompted this response from the deponent:

“And for the record I’d like to say that I feel menaced and threatened by Mr. Malifiy and his continual outbursts and seemingly anger-driven conduct today.”

In a written submission to the court Mr. Malofiy addressed his argument “Response in Opposition Re: Joint Motion for Sanctions by Moving Defendants Who are Cry Babies.” The content of the argument included such brilliant points as “this is hogwash and claptrap”; “defence counsel are lying through their teeth”; “defence counsel is bizarre, off-kilter, absurd and professional complainers”.

Even worse than Malofiy’s abusive tongue, however, was his conduct in misleading an unrepresented defendant to believe he was merely a witness and was not being sued, behavior which drew the court’s most rigorous criticism. Mr. Malofiy defended himself by saying that he was a relatively unexperienced lawyer who needed a mentor to help him, protestations that were met with disdain from the court, who sanctioned him, leaving more stringent discipline, including disbarment, to be determined.

Two more reasons why lawyers are often branded as bullies!

Lawdiva aka Georgialee Lang

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2 thoughts on “Lawyers Behaving Badly

  1. Speaking of sexist rants by lawyers, this Kramer Levin partner in New York was fined $135,000 for misconduct in a recent deposition. The actual audio is posted here, along with a video parody:

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