Attorney Calls Opposing Counsel A 'B*tch' -- Justifies Outrageous Behavior Because Trump
The transcript reveals Cohn's penchant for childish taunts, such as telling counsel to 'certify [her] own stupidity.'
An ethics complaint filed last month by the Illinois Attorney Registration and Disciplinary Commission against Chicago lawyer Charles Andrew Cohn contains startling allegations of a lawyer prone to name calling in the most inappropriate of circumstances.
The bulk of the issues with Cohn in the complaint stem from a November 2016 deposition and a court filing in the same case, William Green v. American Freedom Insurance Company, et. al. Cohn represents the plaintiff, and an attorney only identified as “KH” in the complaint represents the defendant. During the course of KH’s deposition of the plaintiff, excerpts from the transcript reveal Cohn’s penchant for childish taunts, such as telling counsel to “certify [her] own stupidity” after she’d noted a certification of a question on the record.
And of course he thinks his behavior is acceptable because the insults President Trump hurls daily have deteriorated the standards of professionalism so much that just about anything goes:
KH: So no one provided you any vehicle to use during your work for TEKsystems; is that correct?
Client: That question is vague.
Cohn: And I will object.
KH: Well, would you answer.
Cohn: It’s ridiculous, just ridiculous. It goes beyond — I’ll object and direct you not to answer.
KH: Will you answer the question?
Client: No.
KH: Certify the question.
Cohn: Okay. Then certify your own stupidity at this point.
KH: Counsel, I’m not going to sit here and take insults from you.
Cohn: At this point in time, a man who insults on a daily basis everybody he does business with has now been elected President of the United States. The standards have changed. I’ll say what I want.
And, oh boy, does he ever say exactly what he wants. Not content to merely sit on “certify your own stupidity” as the only insult he levied against KH, he went on to call her a “bitch.”
KH: Have you ever received any invoices or bills or itemized statements –
Cohn: Don’t waste your breath.
KH: — concerning the attorneys’ time or fees for representing you in a claim against American Freedom?
Cohn: Objection, direction not to answer.
KH: Will you answer the question?
Client: No.
KH: Certify the question.
Cohn: Motions for sanctions; indicate that on the record. I’m going to get sanctions against your firm like you wouldn’t believe, bitch.
By their very nature, depositions are confrontational. Accordingly, there is plenty of room within the bounds of propriety for a sharp word or edged barb to make one lawyer’s displeasure with another known. But what is clearly far afield of any sense of decorum at a legal proceeding is calling the opposing attorney a bitch. That’s simply uncalled for and as the complaint aptly notes, “served no purpose other than to embarrass, intimidate, and burden KH.”
As one might expect, Franklin U. Valderrama, the judge assigned to the matter, admonished Cohn in court for his statements at the deposition. Instead of apologizing for his bad behavior, Cohn went on the offensive, and, in a follow-up brief in the case, defending his actions as a result of KH’s “bullying and improper questions” and “general angry tone.” Cohn went on to attack Judge Valderrama, saying his admonition of Cohn in the courtroom was a “robe rage incident” and went on to question the judge’s impartiality and accuse him of “pour[ing] oil on the flames” of antagonism between the parties.
When reached for comment by the ABA Journal, at long last Cohn decided that discretion is the better part of valor:
Cohn told the ABA Journal he has certain feelings about the ethics complaint, but he prefers not to discuss them. “I have no comment of any kind at this time,” he said. “I think the safer move is not to say anything.”
See, Cohn can say something smart.
Kathryn 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).
