N.Y. Lawyer Fined for Barking at Witness

Associated Press | 5/121/04 | Samuel Maull

[The South Texan]

N.Y. Lawyer Fined for Barking at Witness

Fri May 21, 7:27 AM ET Add Strange News - AP to My Yahoo!

By SAMUEL MAULL, Associated Press Writer

NEW YORK - A lawyer who barked like a dog at a witness during a deposition has been fined $8,500 for misconduct and harassment of opponents.

The lawyer, David Fink, made false statements, failed to comply with court orders and engaged in frivolous conduct during a breach of contract suit over home furnishing designs, Manhattan state Supreme Court Justice Charles Ramos said.

Fink's client Carl Levine represents designers of home furnishings to manufacturers and other licensees. He sued a married couple, Laurette Angsten and Kit Kittle, alleging they did not pay him money they owed for marketing their products.

During a deposition in which Kittle was giving sworn statements on Jan. 16, 2002, he referred to letters he had received from Fink. He called them threatening, "mad dog lawyer" letters, according to Kittle's lawyer, Samuel Friedman.

At the continuation of the deposition the next day, Friedman said, Fink started barking like a dog when Kittle was asked about the letters by Donald Creadore, the lawyer who had taken over Levine's case from Fink.

Friedman said Fink "behaved in a very mocking manner, making the witness feel intimidated, speaking over other people and making it difficult for the court reporter to record much of anything."

Friedman complained to Ramos about Fink's behavior.

"Mr. Fink was barking up the wrong tree," the lawyer quipped as he recalled the deposition. "I don't know what motivated him to bark."

After having a special referee review Fink's behavior, Ramos followed the recommendations and fined Fink, according to the judge's 54-page decision, which was published Thursday. The lawyer had already been assessed another $1,400 for previous misconduct in the case.

The special referee also recommended that Ramos report Fink to the disciplinary committee that monitors lawyers' conduct. Ramos' decision did not reveal whether he reported Fink, and Friedman said he did not know whether the judge had done so.

Fink did not return calls for comment. Creadore said he had no comment.

Meanwhile, the judge ruled against Levine in the underlying case, saying he was not entitled to royalties or commissions from Kittle and Angsten.

[The South Texan]

I wonder if he is a Democrat?

[TheBigB]

Barking like a dog is acceptable, even encouraged, in some situations. In others, not so much...

PING to the newly-created REPUBLICAN PARTY REPTILE Ping list, named after our spiritual founder, P.J. O'Rourke. What is the Republican Party Reptile? It is a creature of the eighties. It’s neoconservatism with its pants down around its ankles, the Rehnquist Supreme Court on drugs, a disco Hobbes living without shame or federally mandated safety regulations. The Republican Party Reptile supports a strong defense policy, but sees no reason to conduct it while sober. The RPR believes in minimum government interference in private affairs—unless the government brings over extra girls and some ice. In short, the RPR is the new label that our political spectrum has been crying out for—the conservative with a sense of humor and a healthy dose of depravity.

[pogo101]

I wonder if he is a Democrat

Oh, I'd say he pretty darn likely is, yup.

[Bella_Bru]

Thanks for the ping. :-) Bizarre...just bizarre.

[TheBigB]

Barking is, however, appropriate when wearing leather boots and holding a cat-o-nines. ;-)

[nothingnew]

The lawyer, made false statements, failed to comply with court orders and engaged in frivolous conduct during a breach of contract suit over home furnishing designs, barked like a dog, shaved his head and proceeded to throw dinner plates from the courtroom cafeteria at unsuspecting people in the courthouse hallway.

FMCDH

[robertpaulsen]

"Are you gonna bark all day, little doggie, or are you gonna bite?"

[monday]

Sign me up. P.J. rules.

[WayneM]

N.Y. Lawyer Fined for Barking at Witness


I thought Rosie's trial was over months ago.

[najida]

Woof!

So he's bilingual.

[freepatriot32]

David Fink

how appropiate for a lawyer to be named fink with a name like that every other profession would be pretty much closed down to him :-)

[freepatriot32]

David Fink

how appropiate for a lawyer to be named fink with a name like that every other profession would be pretty much closed down to him :-)

[freepatriot32]

sorry for the double post my compter must have hiccuped

[nothingnew]

Please add me to the PPR list. Thanks.

FMCDH

[BJClinton]

I do not have words for this...apparently nether did he.

[BJClinton]

..a healthy dose of depravity.

I don't know about healthy, but I have a big dose. Add me to the ping list, bitte schön.

[ChevyZ28]

Fink's client may have grounds to sue him for negligence. I bet a line could be drawn from his actions to loosing the case.

[mtbopfuyn]

Ally McBeal?

[since1868]

thanks anyway a little too much to read

[sully777]

Bill Murray: "Bark like a dog for me..." -- Caddyshack