Legal Ethics

Lawyer Censured for Punching Restaurant Patron in Music Dispute

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A New York lawyer has been censured for punching a restaurant patron over noisy music.

According to a New York appeals court, the dispute began when lawyer William Caits “was disturbed by noise emanating from a portable DVD player in a nearby booth” that was occupied by the patron and her father. Caits asked them to lower the volume and also complained to the manager.

“After respondent voiced his dissatisfaction with the patron’s adjustments and the manager’s suggestion that he relocate, the verbal altercation escalated, culminating with respondent punching the victim,” the opinion says.

In 2007, Caits was convicted in the incident on charges convicted of attempted assault in the third degree and harassment in the second degree, both misdemeanors, the court said.

The Legal Profession Blog noted the opinion, issued last week.

A hearing panel had recommended censure, but the disciplinary committee asked the court to instead impose a one-year suspension, arguing that Caits had attempted to minimize his conduct and showed a lack of remorse. The court opted for censure, however. Caits’ conduct was aberrational, having practiced law for 38 years “with an unblemished disciplinary record,” the court said.

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