Complex Litigation

Attorney Profanities, Surreptitious Recordings

, New York Law Journal

In his Complex Litigation column, Michael Hoenig writes: Assume heated, contentious litigation ensues between opposing counsel. During a squabble over discovery, Attorney A, in an e-mail, calls her adversary a rather common, vulgar profanity that describes a portion of the anatomy. She also uses the crude words "sh--" and "fu--" in an admonition to him not to build a record for filing some unmeritorious motion, and that she has "everything taped" so that the recordings will be used to blunt such a tactic. Does such conduct justify court intervention?

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Originally appeared in print as Attorney Profanities, Surreptitious Recordings Can Have Consequences