“See You Subsequent Tuesday”

The aim of this Minute Order is to handle an announcement made by Plaintiffs counsel, Timothy Scott, made on the document throughout trial on June 30, 2022. Particularly, whereas Mr. Scott was addressing the Court docket, and after this Court docket orally granted Defendant MTS’s movement for nonsuit, Mr. Scott said as follows:

“…I hope this does not sound unctuous, however simply to finish the weekend on a very good be aware, I need to thank the courtroom workers. I need to say to have a very good weekend to Mr. DeMaria. I need to say have a very good weekend to Ms. Frerich. And I need to say have a very good weekend to each MTS counsel. I will See you subsequent Tuesday. See you subsequent Tuesday.”

Utterly unaware of the supposed that means of “See you subsequent Tuesday,” (see infra), the Court docket responded, “How variety.”

On Tuesday, July 5, 2022, counsel for MTS approached the Court docket and requested to be heard about a problem regarding the above assertion made by Mr. Scott on June 30, 2022. The Court docket and all counsel met in chambers to debate the difficulty. The in-chambers assembly was recorded and paperwork consisting of assorted emails had been supplied to the Court docket. Throughout this assembly it was revealed, that unbeknownst to the Court docket, the time period “See you subsequent Tuesday,” is a critical covert insult directed in the direction of girls. (See https://www.dictionary.com/e/slang/see-you-next-tuesday/.) It was additionally revealed throughout the in-chambers assembly that Mr. Scott deliberately made the assertion with the total data of the that means of the phrase. Mr. Scott tried to elucidate that his deliberate use of the phrase was an “inside joke” between him and one among this agency workers which he anticipated nobody within the courtroom would detect. Nonetheless, it isn’t a joke to this Court docket that Mr. Scott made this egregious and offensive insult deliberately to 2 feminine attorneys by way of a coded message. The truth is, however for Ms. Lagasse bringing it to the Court docket’s consideration, this wrongdoing would have been undetected. Mr. Scott not solely tried to deceive all counsel, but additionally this Court docket, into believing he genuinely was wishing everybody a pleasant weekend when in truth he was purposefully directing a derogatory epithet towards the feminine protection attorneys who had simply prevailed in a nonsuit on this case.

“An lawyer is an ‘officer of the courtroom’ who, by advantage of his or her skilled place, undertakes sure ‘particular duties … to keep away from conduct that undermines the integrity of the adjudicative course of.'” In different phrases,” ‘[l]t is important to the integrity of our adversary authorized course of that attorneys try to take care of the very best requirements of ethics, civility, and professionalism within the follow of regulation.’ Certainly, unwarranted private assaults on the character or motives of the opposing get together, counsel, or witnesses are inappropriate and should represent misconduct.” “When, throughout the course of trial, an lawyer violates his or her obligations as an officer of the courtroom, the choose could management the proceedings and shield the integrity of the courtroom and the judicial course of by reprimanding the lawyer.’

Mr. Scott’s assertion directed to Ms. Lagasse and Ms. Oberrecht is reprehensible and won’t be tolerated on this courtroom. As such, for causes said above, the Court docket finds that it has an obligation to alert the State Bar of California of Mr. Scott’s conduct on June 30, 2022 and will likely be submitting a Self-discipline Referral with the State Bar.

Simply to be clear, generally a cigar is only a cigar, and sometimes “see you subsequent Tuesday” means see you subsequent Tuesday (see, e.g., right here). (And do not confuse it with “see you subsequent Wednesday.”) However right here Scott admitted that he was utilizing it intentionally, despite the fact that he says he hadn’t anticipated opposing counsel to select up on it. And naturally in a courtroom—and, extra typically, within the litigation course of—legal professionals aren’t allowed to make use of vulgar insults in the direction of one another, whether or not primarily based on intercourse or race or the rest, and whether or not they’re coded or overt.

For a unique perspective of the matter, see footnote 2 in Folks v. Arno (Cal. Ct. App. 1979). Look that up in your Funk & Wagnall’s.