Posted on 05/20/2004 8:00:27 PM PDT by Mo1
Incident Occurred In 2002
May 20, 2004 8:26 pm US/Eastern 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 engaged 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.
At least he didn't 'squeal like a pig'....
Meeeooooooowwwwwww!
I bought a CD today that was recorded at Purty Mouth Studios.
At least he didn't BADGER the witness.
How appropriate is it that a lawyer would have the last name "Fink?"
Ever roll over in court?
What do you want to bet this moron voted Dem.?
No, it might hurt my back.
Ah the ARDC. A group run by lawyers that monitors lawyers. In Illinois more than 90% of the cases this group deals with are dismissed as unfounded.
David Fink
Laurette Angsten
Kit Kittle
This looked like it was shaping up to be a 1L torts exam question.
Gives new meaning to "lawdog."
"It seemed like a good idea at the time".
Seems like I've thought that a time or two in my life, fortunately none of my woopsies have been quite so well documented or public.
Well, you never know...the $8500.00 fine would make just about anyone squeal like a pig!;)
Did anyone try whacking him with a rolled-up newspaper?
A dog of a lawyer?
Depositions are SOOO tedious. I've never considered barking during one, but it would be an interesting change of pace.
Wow, a lawyer that barks like a dog is better than the average lawyer that is always pissing on the carpet.
This lawyer is bad to the bone...
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