Blackletter

Blackletter

Blackletter laws are the well-established legal rules that are no longer subject to reasonable dispute. Originally, "blackletter" was the Gothic type-style which was used to set forth the law in England until the mid 18th century. It was originally used so commoners couldn't understand the laws. Every business is subject to so-called blackletter laws. This podcast brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways.... Show More
June 1, 2020 2 min

A suspension was sought for a lawyer who lobbed insults at another lawyer during a deposition. It's funny because the lawyer in the deposition itself defended the insults that he lobbed in the civility of his legal practice by citing the President. 

The conflict started, and this is according to an article in the ABA Journal from May 6, 2020, when an attorney named Cone instructed his client not to answer a question. And the attorney on the other side, a man named Hillison responded to his client that the question had to be certified, which is a process in a deposition where the question can be asked to a judge or a magistrate judge or whoever's handling the case in the courts question can be certified to that judge and the judge can decide whether or not the witness has to answer the question in a deposition.

So when Hillison said, "Hey, certify this question, then if you're going to ask it." Cohn replied, "Okay, then certify your own stupidity at this point." Hillison replied, "Counsel, I'm not going to sit here and take insults from you." Cohn replied, "At this point in time, a man who insults on a daily basis, everybody he does business with, has now been elected President of the United States. The standards have changed and I'll say what I want." In another exchange, Hillison began to ask about attorney's fees and Cohn said, "Don't waste your breath," and told his client not to answer. And when Hillison asked again, the attorney Cohn said, "Motion for sanctions. Indicate on the record I'm going to get sanctions against your firm like you wouldn't believe," and then the B word.

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