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Biglaw Partner Under Fire For 'Abusive' Deposition

Is this a case of a partner behaving badly or an overly sensitive expert?

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Lawyers are supposed to be aggressive. That’s the trope most in the profession — and those outside of it as well — buy into, and that’s supercharged during the adversarial process. But is it possible to go over the line?

That’s what toxicology expert William Sawyer says happened during a deposition in a case against Lumber Liquidators about formaldehyde exposure. Sawyer, plaintiffs’ expert, said in an affidavit that defense attorney, Robert Redmond — a partner at McGuireWoods, “became abusive,” leaning into his face with “an outstretched neck.” Sawyer withdrew from the case, saying Redmond’s behavior exacerbated an existing medical condition. As Law.com reports on the contents of Sawyer’s affidavit:

“I felt like a prisoner before a Nazi-administered trial and became seriously concerned and stressed about what was happening,” [Sawyer] said in the affidavit. “I could feel/hear my heart echoing within my ears and simultaneously could feel my heart pounding with palpitations within the chest. At this time I realized that I was at risk of another serious cardiac arrhythmia.”

Sawyer, who has testified in over 200 depositions, also called Redmond “aggressively malicious” and said, “I truly believe that corrective discipline should be administered with respect to Mr. Redmond’s unprofessional courtroom conduct.”

The magistrate in the case has allowed the plaintiffs to replace their expert, but ordered them to pay Lumber Liquidators the costs associated with the deposition without even reviewing the videotape of the deposition. While plaintiffs’ have agreed to pay some costs, they dispute the full amount, arguing the witness’s withdrawal was unpredictable.

In a statement to Law.com, Redmond denied that his behavior in the deposition was inappropriate saying, “There’s absolutely no evidence that I did anything untoward in the deposition other than ask him questions that he was uncomfortable with.” He also went on to speculate that the real reason Sawyer withdrew was pointed questions about his credentials.

In his interview with Law.com, Redmond suggested that Sawyer wanted to avoid questions about his credentials. According to an Oct. 10 filing by Lumber Liquidators in support of its fees, Sawyer had failed the American Board of Toxicology exam, and his certification came from the American Board of Forensic Medicine, a “certification mill of questionable viability.”

“Frankly, I think the deposition probed into areas he hasn’t had probed into—namely, his certifications,” Redmond told Law.com. “And I think he was uncomfortable with that, and he was uncomfortable with the level of scrutiny of his qualifications that I was giving during the deposition.”

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Weird that in 200 depos Sawyer’s quals haven’t come up before.

So, what do you think — is this a case of a partner behaving badly or an overly sensitive expert? Your take might just depend on which side of the table you’re used to being on.

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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