‘High up grew a daffodil…’ — sanctioning lawyers and law firms
By Eddie Reich
Every elementary school student knows that the worst punishment is getting called out in front of the class. Whether it’s being forced to stand in the corner, perform or write something 100 times on the blackboard (see, e.g., Bart Simpson), public humiliation can be an effective deterrent. (I was going to cite a recent post ranking the best Simpson blackboard gags, until I saw that my favourite — ‘I will not waste chalk’ — was remarkably omitted.) In the attached clip, renowned schoolteacher June Crabtree provides a fine example of this effective method of deterrence.
Lately, courts and litigants have begun to realise that these old-school punishments can be effective in dealing with lawyer misconduct. Frustrated by the apparent lack of impact that a monetary penalty can have on a wealthy corporation or large law firm, lawyers have been subject to increasingly creative — and humiliating — sanctions. You may have read about the Jones Day lawyer who was directed to write, produce and appear in a training video as a sanction for obstructing a deposition. But that’s not the only one. As a sanction for improperly removing a case to federal court, a lawyer’s entire firm was ordered to attend a continuing legal education (CLE) about federal jurisdiction and Rule 11. And a litigant in Texas has asked a court there to require the plaintiff’s general counsel to personally attend every court hearing as a sanction for having filed a baseless cause of action…
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Dentons
News from The Lawyer
Briefings from Dentons
No, I want to know why people even bother with gross negligence in joint operating agreements.
If a regulated firm gets full immunity from the FCA for a competition law infringement, will it be fined in any event for breaching FSMA? And other burning questions.
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all