Law Humor

Male Lawyer Call Female Lawyer What?

By John Mesirow

This is not your garden variety "babe-calling" case. Ms. Aude sued Mr. Mullaney for negligently giving her herpes. (The jury found that he did, but that she was "contributorily negligent.") Mr. Mullaney was represented by Allen Harris (and Benjamin Lipsitz). Ms. Aude was represented by Susan Green and Gary Bernstein.

At Ms. Aude's deposition, "as [she] was leaving the room to retrieve [a] document, Mr. Harris remarked that she was going to meet '[a]nother boyfriend' at the car. Ms. Green and Mr. Bernstein quickly told Mr. Harris that his comment was in poor taste and asked him to refrain from making further derogatory comments. The following ensued:"

MR. MULLANEY: It's going to be a fun trial. [Oh, and he's a lawyer, too. Very professional, no?]
MR. HARRIS: It must have been in poor taste if Miss Green says it was in poor tasted. It must have really been in poor taste.
MS. GREEN: You got a problem with me?
MR. HARRIS: No, I don't have a problem with you, babe. [uh oh]
MS. GREEN: Babe? You called me babe? What generation are you from?
MR. HARRIS: At least I didn't call you a bimbo. [have shovel, will dig]
MR.LIPSITZ: Cut it out.
MS. GREEN: The committee will enjoy hearing about that.
MR. BERNSTEIN: Alan, you ought to stay out of the gutter.

"According to Ms. Green's legal assistant, Harris's reference to Ms. Green as 'babe' continued throughout the litigation. In an affidavit ... she stated that 'in the course of her employment, [Mr. Harris] did telephone Ms. Green's office and ask, 'Is the babe in?' He also referred to [the legal assistant] as 'babe."

Ms. Green then filed a motion asking the Court to put an end to this conduct (and some other defense conduct), and requested attorneys' fees. So what do you think happened?

Full post as published by Legal Juice on May 04, 2008 (boomark / email).