Judge Raps Dorsey & Whitney, Ex-Partner Fires Back
A New York federal judge has written an opinion knocking Dorsey & Whitney, two of its partners and the state of professionalism—but one of the lawyers is firing back.
U.S. District Judge Harold Baer criticized the lawyers for using deposition transcripts covered by a protective order in a trade secrets lawsuit as the basis for a nearly identical suit in Massachusetts, the New York Law Journal reports. At the same time, the firm tried to get the New York suit dismissed in what Baer surmised was an effort to “judge-shop” and circumvent his discovery orders.
Baer reprimanded the lawyers and the law firm, but did not issue monetary sanctions, the story says.
Baer saw the problem as caused by declining civility. “Naked competition and singular economic focus of the marketplace have begun to infiltrate the practice of law, subordinating the high standards of service, collegiality and professionalism as a result,” he said. “The bottom line has eclipsed most everything else for which the practice of law stands or stood to the extent that the practice of law is now frequently described as a business rather than a profession.”
In particular, Baer criticized former partner Kristan Peters, saying she had misrepresented facts about deposition transcripts and failed to return them promptly when he asked for them, according to the New York Law Journal account.
But Peters, now a solo practitioner, responded with her own criticism of the judge, sent in an e-mail to the legal publication.
“It is hard to take seriously Judge Baer’s alleged concern for professional courtesy when he continues to treat women litigators like second-class citizens in his courtroom, requires attorneys to physically oversee the return of documents in another country within a matter of hours when they are overseas on their anniversary, and sets depositions on Sunday mornings,” she said.
“Indeed, when a Catholic lawyer asks for the opportunity to attend church before the Sunday deposition, he mocked the attorney for Catholic observance,” she said.
The law firm issued a statement in response to the opinion. It read: “Dorsey & Whitney attorneys take very seriously their obligations as officers of the court in all litigated matters. The firm has the utmost respect for the court system, and strives to adhere to all court rules and orders. As the firm learned of the issues in this litigation, we took appropriate actions, including supervision of Kristan Peters, based on information we knew at the time.”
