2004 Credit Suit

N.Y. Lawyer Fined for Barking at Witness

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.

" ... 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.

..."

I thought that lawyers HAVE to make false statements. They all do. Is that a special Arizona requirement?