Legal News

Kay comes out swinging at contempt hearing

By Richard Binder

"These charges should never have been brought," a defiant Philip Kay told State Bar Court Judge Lucy Armendariz in an extremely contentious Wednesday morning session in San Francisco. Refusing to answer most questions and demanding to be referred to an outside judge for a contempt hearing, the 28-year lawyer insisted in State Bar Court that there's no evidentiary basis for the misconduct charges he faces.

Prosecutors accuse Kay and Solana Beach solo John Dalton of showing disrespect to and impugning the honor of three San Diego judges ? two in a 1998 case and one in 2005 ? by, among other things, yelling at them, opposing counsel and witnesses, as well as challenging the judges' rulings to the point of accusing at least one of judicial misconduct.

State Bar prosecutors also accuse Kay of entering into an illegal fee-splitting agreement in his most well-known case ? a sexual harassment suit that resulted in a $6.9 million judgment, later reduced to $3.5 million, against Baker & McKenzie.

Last month Kay said he believed even if he was cleared, the State Bar charges would always haunt him.

Wednesday was Kay's third day on the witness stand in a trial that is expected to last several weeks spread out possibly over months.

Read the full story at The Recorder.

Full post as published by Legal Pad | LA on March 19, 2009 (boomark / email).