Legal Ethics

Attorney Sent To Jail For 'Unprofessional And Intimidating' Behavior

The judge didn't take kindly to his nonsense.

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This story is every cliche about how silly it is for a lawyer to represent themselves come to life. Sean FitzGerald is the general counsel at Bowling Green State University. He also decided to represent himself in divorce proceedings. He’s been sentenced to 30 days in jail after the judge in his divorce case found him in contempt of court, with court records indicating FitzGerald acted in an “unprofessional and intimidating” manner.

As reported by Law.com, FitzGerald objected to the fee being charged by Martin Mohler, the attorney representing one of FitzGerald’s minor children in the proceeding. He apparently also told the court he intended to file a grievance against Mohler, but waffled on whether to actually go through with it. As a grievance would have meant Mohler had to withdraw from the case, FitzGerald’s indecision left the case in limbo. The judge didn’t take kindly to any of that nonsense:

On April 5, visiting county Judge Stephen Yarbrough found FitzGerald in contempt of court, citing his untruthfulness over the grievance and his unprofessional conduct. Yarbrough wrote that in pleadings, emails and exhibits, FitzGerald had been unprofessional toward the magistrate in divorce court, his former lawyer, the guardian ad litem for his son and his opposing counsel.

The judge wrote that a written pleading by FitzGerald about the threatened grievance “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice … FitzGerald has repeatedly been advised to seek representation.”

FitzGerald’s pleas for leniency went unheeded, even when he argued serving time for contempt would result in him losing his job and leave him unable to support his children. The judge gave him 30 days in jail and a $250 fine.

As you might imagine, his employer doesn’t seem thrilled with FitzGerald. The University has placed him on administrative leave and said:

“As the university’s general counsel, FitzGerald also holds an appointment as an assistant attorney general for the state of Ohio. The Ohio Attorney General’s Office has suspended that appointment.”

“FitzGerald’s status with the university will be further evaluated following consultation with the Attorney General’s Office and the outcome of the university’s own investigation. Pending those steps, the university will have no further comment.”

FitzGerald was due to report to the Wood County Justice Center to begin serving his time yesterday afternoon.

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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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