(L-R)Katryna L. Kristoferson and David Paul Horowitz of the Law Offices of David Paul Horowitz. Courtesy photos

Practical New York Practice™

Introduction

We've all heard our fair share of jokes at the expense of lawyers (see, e.g., Q: What do lawyers do after they die? A: Lie still.), and likely chuckle along. Another favorite joke is the lead-in for this month's topic: Q: Why don't sharks attack lawyers? A: Professional courtesy. Like many jokes, there is some truth to the jesting: "Sharks are opportunistic feeders," and so are some lawyers. And the opportunistic feeding by lawyers includes abusive conduct at depositions. While most of us recall a time where lawyers were less than civil to their adversaries, a recent case suggests we may not have evolved as much as we thought.

Court's Power to Sanction Counsel for Deposition (Mis)Conduct

22 NYCRR 130.1-1 (a) provides that:

The court, in its discretion, may award costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney fees, resulting from frivolous conduct as defined in this part. In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney who engages in frivolous conduct as defined in this part.