Like I Said, Drawing Your Gun at a Deposition is a Bad Idea
I’m ending 2018 the same way I ended 2016: reminding people that guns at depositions aren’t a good idea. 2016’s final post was about a case where a deposition turned nasty and a gun was involved.[1] That wasn’t the end of the story. A bar complaint was lodged and disciplinary proceedings followed. In September, 2018 the Supreme Court entered an order suspending the attorney with the gun for six months and one day.[2]
The Supreme Court’s order described the conduct at issue. Although the attorney’s identity is widely and publicly known, I have removed it here because public shaming is not this blog’s purpose.
The misconduct involves [attorney]’s behavior during a noticed plaintiff’s deposition at his office. When questioning the deponent, [attorney] used vulgarities, called the deponent derogatory names, aggressively interrupted the deponent and opposing counsel, answered questions for the deponent, and repeatedly made inappropriate statements on the record. [Attorney] went on to ask the deponent if he was “ready for it” while positioning his hand near his hip. The deponent briefly left the room, but when he returned [attorney] displayed a firearm he had holstered on his hip to the deponent and opposing counsel. As a result, the deposition was terminated….
The Court concluded “the deposition transcript, coupled with the testimony at the formal hearing, demonstrates that [attorney] displayed appalling behavior toward the deponent.” Sufficient evidence was presented to conclude NRPC 8.4(d), barring attorneys from engaging in conduct that is prejudicial to the administration of justice, was violated.
I share this information for the same reason I wrote in 2016. Lawyers “should be the calming presence in the room that is attempting to guide our clients through this stress and their own emotions. When the lawyers who are supposed to be the calming presence lose control of their own emotions, the truth-seeking and dispute resolution function of the litigation process ends….” While certainly easier said than done, by remembering your role as the lawyer you are best serving your client.
Have a safe New Year’s Eve and best of luck for 2019.
[1] December 29, 2016 post.