A friend of mine from the Blawg Review emailed me a story about a challenge to a fight by a defense attorney to an ex-biker during a trial, which could result in a mistrial. Apparently the defense attorney challenged the ex-biker to a fight during the trial, and an exchange of blows did take place out in the hallway.
This kind of stuff really happens. I know it happened to me!
I was in the Orange County Superior Court approximately 3-4 months ago for a contentious child custody case. The attorneys and parties were ordered by the Judge to go into the cafeteria to do a 4-way settlement conference. I had the upper hand in the conference because the Judge had already alluded to the fact that she was inclined to find for my client.
During our talks, opposing counsel became mentally disturbed to say the least. He challenged me to a fight right there in the cafeteria in front of my client and his client. He bragged about being an ex golden glove champion from New York bla bla bla. Calling him on his bluff, I accepted his challenge and invited to meet me at a dojo or in a boxing gym after Court, rather than causing a ruckus in the Courthouse cafeteria in front of our clients, and the rest of the people at the Court. I love to put the gloves on legally for a bit of sparring every now and then; it’s good exercise.
To make a long story short he refused to meet me. I guess no one ever called his bluff before.
After several minutes of more heated discussions, we ended up shaking hands. I guess he realized how out of line he was.
Had the guy actually thrown a punch at me I not only would have put him down, but I would have owned him too. There were plenty of Orange County Sheriff’s in the cafeteria that would have witnessed the assault and battery and my subsequent self defense. This is not the type of conduct that is expected of lawyers. We are held to a very high standard of professional conduct.
It was the most bizarre experience I have ever had in my professional experience as a lawyer. This guy literally lost his mind for a few minutes.
The above referred to article reminded me of this bizarre experience. I have seen parties in a case fight, I have seen parties get assaulted in the Court hallway, but this was my most bizarre courthouse experience.
By Norman Gregory Fernandez, Esq., © 2007
Welcome, my name is 
You clearly have a stronger stomach than I do. I have handled exactly ONE divorce and child custody case…and it eventually reached an “amicable” resolution. I will do anything in my power not do do another one as long as I live.
By the end of that matter, I wanted to smack both the husband and the wife upside their heads, send them to their rooms without supper, and ground them until they could both grow up, act like adults, play nice, and act in the best interest of the kid.
Literally, the only thing that saved my sanity during that mess was that the lawyer appointed by the husband was my best friend.
My “problem” is that when other lawyers start exploding and going overboard in front of me, I have a hard time not actually laughing directly at them, because I just don’t get why they are acting like that, and I find that complete lack of self control to be humorous.
Only once have I cursed in court…and it wasn’t out of anger, it was out of sheer bewliderment at the actions and diatribe of one of the assistant attorneys general for the state of Utah, who was generally disliked by everyone because of the way he acted. I said, “Mr. X, it IS possible be a good prosecutor without being a complete asshole.” Not proud of it, but it is funny in retrospect.
Luckily, the judge had had his fill of Mr. X as well and didn’t even say anything to me (although he did smirk a little).
Yeah.. that IS a winner. I have seen it once or twice the other way around, with a witness getting a bit agitated and threatening something. If they do things up in Canada they way they do things back home in Utah, I can’t imagine that it will go very well for that lawyer.
Well Jeff you have one on me. I have never cursed in Court. However, I have cursed everywhere else!
The only thing that made me write about my experience was the article that was sent to me from Ed at Blawg Review. Imagine a defense attorney challenging a witness to a fight while he is on the stand in open Court?
I sure can’t!
Norm