F-word settlement refusal doesn't require tossing lawyer from case, federal judge rules
A federal judge in New Jersey has declined to toss a lawyer from a case for responding to a settlement demand with an F-word refusal.
U.S. District Judge Esther Salas of Newark upheld (PDF) a magistrate judge’s refusal to disqualify lawyer Wayne Paulter, the New Jersey Law Journal (sub. req.) reports.
Paulter, of Morris Plains, represented a doctor sued for the alleged wrongful release of private medical information to the plaintiff’s wife. In September 2014, Paulter responded to the plaintiff’s settlement demand with the statement, “You guys can go f— yourselves.” He added that the plaintiff’s lawyer could “even write that down and take it back” to his boss.
The plaintiff sought disqualification, saying Paulter had “committed an outrageous and disgusting gutter conduct.” Paulter later told U.S. Magistrate Judge Joseph Dickson that he owed an apology to the court and the opposing counsel. “I certainly did transmit some words that were unpleasant,” Paulter said. “It was uncharacteristic for me and I will say that if there was ever someone who could provoke that kind of action, I’ve met him and it will not happen in the future.”
Dickson said he was accepting the apology. “I’ve seen you in this courtroom many times,” Dickson told Paulter. “All of us make mistakes. Some of us sometimes say things we wish we hadn’t said. We know you—you’ve accepted responsibility for that. Therefore, you’re okay. I’m denying the motion and let’s move forward.”
Salas affirmed in her March 28 decision, saying the magistrate judge had acted within his sound discretion.
In a footnote, Salas said that the plaintiff has labeled his appeal as an appeal of the court’s denial of his “Motion for Contempt and Disqualification.” The plaintiff didn’t asked the magistrate judge to hold Paulter in contempt, however, until he filed a reply brief—which can’t be used to raise new issues, Salas said.
In another footnote, Salas noted that Paulter and opposing counsel differed on whether his F-word statement occurred inside the magistrate’s courtroom or in the hallway. The location makes no difference under an ethics rule requiring lawyers to treat everyone in the legal process with courtesy and consideration, Salas said. “The language used by defense counsel is inappropriate and beneath the legal profession, regardless of where defense counsel uttered it,” she wrote.
