Law Humor

Here's the tip: If you are facing disciplinary charges alleging that you were disruptive and abusive in court, don't be disruptive and abusive during the disciplinary hearing.  Colorado attorney Mark Brennan forgot this rule during a hearing in July, during which he was cited for contempt twice by the same panel of judges that is currently deciding whether to impose discipline for his past conduct.

In this hearing, Brennan was defending himself against allegations that he had been disruptive and unprofessional during a 2006 jury trial.  Here are some acts he engaged in during the hearing that probably did not bolster his defense:

• Repeatedly interrupting the presiding judge;
• Calling opposing counsel a "worm";
• Laughing loudly during an opposing witness's testimony;
• Asking whether that witness's father had been a Klan member; and
• Asking whether the issues in the witness's divorce proceedings had included who would get "the hound dog and shotgun."

This clip includes both contempt citations, and also features the presiding judge marveling about the fact that Brennan is acting unprofessionally during a hearing on the issue of whether he acted unprofessionally:

Also not recommended: shoving opposing counsel.  Brennan has denied actually doing this, but here's a clip from the third day of the hearing that should allow you to make up your own mind:

In particular, you should do your best to avoid having the record reflect that the presiding judge had to admonish you that "this is not trial by combat."

The panel's decision on the disciplinary charges has not yet been released, but is expected in the next couple of months.

Link: State Bill Colorado