Judge Orders Deposition Referee Due to Lawyer’s ‘Insulting’ Remarks
A New York lawyer will have to be supervised by a court-appointed referee during future depositions in a legal malpractice case because of “inappropriate, insulting and derogatory” remarks made to opposing counsel.
Transcripts show lawyer Thomas Decea of White Plains called the opposing lawyer “hon” and “girl” and asked why she wasn’t wearing a wedding ring, the New York Law Journal reports. Decea was representing a hedge fund and its manager in their suit against a law firm.
In one instance, Decea objected to leading questions by the opposing lawyer, Michelle Rice, a name partner with a white-collar defense boutique led by Stanley Arkin. At one point Decea told Rice, “This is not a white-collar interview that you’re sitting here interviewing something with your cute little thing going on.” At another point he said, “You better get somebody else here to try this case, otherwise you’re going to be one sorry girl.”
Judge Carol Edmead of Manhattan said Decea’s comments showed gender bias and a lack of civility.
“Rice points out that during the course of the witness’s deposition, Decea repeatedly directed the witness not to answer certain questions posed to him, which were, on many occasions, followed by inappropriate, insulting and derogatory remarks against Rice concerning her gender, marital status and competence,” Edmead wrote in her opinion (PDF posted by the New York Law Journal). “Offensive and abusive language by attorneys in the guise of zealous advocacy is plainly improper, unprofessional and unacceptable.”
Edmead wrote that she was appointing the special referee to oversee further depositions at the courthouse “to ensure that Decea does not fall into the pit of unprofessionalism.” She noted that Rice had not moved for sanctions.
Decea had argued that Rice was sarcastic with her questions and harassing with her facial expressions. He also told the court he was not aware of any rule requiring civility between counsel, an assertion Edmead deemed to be “baffling.”
Decea told the New York Law Journal that many of his remarks were taken out of context and he would appeal the decision.
