Unlawyerly Conduct

Discussion in 'Justice for JonBenet Discussion - Public Forum' started by Deja Nu, May 21, 2004.

  1. Deja Nu

    Deja Nu Banned

    I have always wondered why Lin Wood has not been the subject of Bar complaints for his conduct during depositions and police interviews of his clients. Is barking like a dog the ONLY unlawyerly conduct recognized as inappropriate and bullying sufficient enough to take official action???

    ***

    N.Y. Lawyer Fined for Barking at Witness

    May 21, 7:27 AM (ET)

    By SAMUEL MAULL

    NEW YORK (AP) - A lawyer who barked like a dog at a witness during a deposition has been fined $8,500 for misconduct and harassment of opponents.

    The lawyer, David Fink, made false statements, failed to comply with court orders and enga ged in frivolous conduct during a breach of contract suit over home furnishing designs, Manhattan state Supreme Court Justice Charles
    Ramos said.

    Fink's client Carl Levine represents designers of home furnishings to manufacturers and other licensees. He sued a married couple, Laurette Angsten and Kit Kittle, alleging they did not pay him money they owed for marketing their products.

    During a deposition in which Kittle was giving sworn statements on Jan. 16, 2002, he referred to letters he had received from Fink. He called them threatening, "mad dog lawyer" letters, according to Kittle's lawyer, Samuel Friedman.

    At the continuation of the deposition the next day, Friedman said, Fink started barking like a dog when Kittle was asked about the letters by Donald Creadore, the lawyer who had taken over Levine's case from Fink.

    Friedman said Fink "behaved in a very mocking manner, making the witness feel intimidated, speaking over other people and making it difficult for the court reporter to record much of anything."

    Friedman complained to Ramos about Fink's behavior.

    "Mr. Fink was barking up the wrong tree," the lawyer quipped as he recalled the deposition. "I don't know what motivated him to bark."

    After having a special referee review Fink's behavior, Ramos followed the recommendations and fined Fink, according to the judge's 54-page decision, which was published Thursday. The lawyer had already been assessed another $1,400 for previous misconduct in the case.

    The special referee also recommended that Ramos report Fink to the disciplinary committee that monitors lawyers' conduct. Ramos' decision did not reveal whether he reported Fink, and Friedman said he did not know whether the judge had done so.

    Fink did not return calls for comment. Creadore said he had no comment.

    Meanwhile, the judge ruled against Levine in the underlying case, saying he was not entitled to royalties or commissions from Kittle and Angsten.
     
  2. Tez

    Tez Member

    Hmm....

    Does Lin have a twin in NY?

    Honestly, I don't know why LW has never been fined, because he seems to be awfully rude during the depos that we have been able to read.
     
  3. LurkerXIV

    LurkerXIV Moderator

    Well...

    Lin hasn't barked like a dog, yet. But what were those neighing sounds heard during his debacle with Darnay?
     
  4. RiverRat

    RiverRat FFJ Sr. Member Extraordinaire (Pictured at Lef

  5. Deja Nu

    Deja Nu Banned

    Thanks for the link, RR. I'm thinking about starting a petition to submit to the Georgia bar and would appreciate comments here at FFJ.

    Check this out (the full text of the GA bar ethics/conduct rules in force during the 2000 Atlanta police interviews can be found at http://www.gabar.org/rule3109.asp):

    EC 9-6 Every lawyer owes a solemn duty to uphold the integrity and honor of his profession; to encourage respect for the law and for the courts and the judges thereof; to observe the Code of Professional Responsibility; to act as a member of a learned profession, one dedicated to public service; to cooperate with his brother lawyers in supporting the organized bar through the devoting of his time, efforts, and financial support as his professional standing and ability reasonably permit; to conduct himself so as to reflect credit on the legal profession and to inspire the confidence, respect, and trust of his clients and of the public; and to strive to avoid not only professional impropriety but also the appearance of impropriety.
     
  6. JustinCase

    JustinCase Member

    I think that's a fantastic idea!! His attitude is certainly something that I have always felt was unnecessary and something he used as a tool, he clearly intimidated other lawyers and those in LE who were involved with the case.

    I can think of a time (but I can't find the quote) where he actually says something to the effect (to Mike Kane) "Are you even a real attorney?" I can't remember what was said but I know Kane shot back "I was contracted by..." it was clear that Wood hit Kane's weak spot.

    If you need any help with this just let me know, email me or just let me know here and I'll get right to it; to be quite honest, this sounds like a very good idea indeed.
     
  7. LurkerXIV

    LurkerXIV Moderator

    Huh?

    Mike Kane is a respected member of the Pennsylvania Bar.
     
  8. Deja Nu

    Deja Nu Banned

    IMO Michael Kane is the epitome of what every lawyer should be. He easily puts Lin Wood to shame, not only in his utterly professional conduct but his skills as well. Lin Wood bullied Darnay because Darnay's skills are obviously lacking. LW tried the same tactics with Kane and didn't succeed, and Kane didn't even have to lower himself to the barroom **** level of Lin Wood to do it. I would love to see Kane come back into the case.

    JC, I'll need to construct the petition but want to support it with a brief as well as the volumes of excerpts from various public records of Lin Wood's performances. It will take some time, but if the majority of FFJ think it's appropriate, I'm willing to invest the effort and file it all with the GA Bar. Thanks for your support!
     
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