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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
In the Matter of Monaghan
Citation:
295 A.D.2d 38, 743 N.Y.S.2d 519 (2002)Facts
The respondent, Thomas C. Monaghan, represented Patricia Fater-Parsons at depositions conducted by the United States Department of Labor on February 15 and March 22, 1996. During these depositions, Monaghan engaged in inappropriate behavior toward opposing counsel Gail Perry, a Black woman, repeatedly criticizing her alleged mispronunciation of words like “establish” and “especially.” When the Department of Labor moved for sanctions, Monaghan continued to defend his conduct despite warnings from Judge Mukasey, who ultimately ordered him to pay $500 in fines and costs. Four months later, Monaghan sent Perry a letter of apology acknowledging his language and tone were “unwarranted and inappropriate.” In January 2001, Monaghan stipulated that his conduct violated the Code of Professional Responsibility, and the SDNY publicly censured him for “race-based abuse of opposing counsel.”
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