WHAT A HEEL!: Contempt Of Courtliness

 

Manhattan Supreme Court Justice Carol Edmead has ordered court supervision of White Plains, NY attorney Thomas B. Decea, 48, for "objectionable conduct" toward opposing counsel Michelle A. Rice who he said had a "cute little thing going on" during a deposition in a legal malpractice matter. After the October deposition, during which Decea in also called Rice "hon" and "girl" and asked her why she was not wearing a wedding ring, she moved for the appointment of a special referee, arguing that “Decea's conduct was intended to intimidate her and interfere with her advocacy in violation of New York's Code of Professional Responsibility as well as court rules adopted last year proscribing obstructive behavior at depositions,” reports New York Law Journal. Decea fought the motion on the grounds that he was "not aware of any rule or law which requires civility between counsel." The judge ruled that Decea's behavior indicated gender bias as well as "a lack of civility, good manners and common courtesy" and ruled granted the motion, adding a stipulation that all future depositions would henceforth occur in the courthouse as a means of "guarding against future objectionable conduct." For his part, Decea denied any impropriety, claimed his comments were transcribed incorrectly or taken out of context and vowed an appeal.

 

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