Like every other lawyer, I have had to deal with some pretty obnoxious attorneys on the "other side." I suppose there may be some lawyers who might say the same thing about me, but I hope it is very few.
Most of the lawyers I deal with are straight-forward zealous advocates who don't take things too personally. Yet, there are a few who have almost caused me to burn my license and become a bait-salesman. It wouldn't be so much different dealing with slimy worms in either job!
The arrogant, condescending attorney grates on my nerves, but I really can't stand the attorney who purposely flaunts the rules of ethics and principles of professionalism just to get an advantage. I recall one lawyer from Alabama who would make editorial comments and snide remarks in his deposition simply to annoy the deponent. We were constantly calling him down for inappropriate questions!
There are the lawyers who hide information and delay information. There are those who try to pick fights with the witness, but I recently saw "Five Godawful YouTube Video Depositions" on the website www.bitterlawyer.com. I wanted to post the WORST one in my opinion, but I am unable to download, but I recommend that you go to the site and view the clip of the deposition that made its rounds in 2007. It involves a lawsuit between Testmasters and Blueprint Test Prep. It also involves generally outrageous deposition behavior of the defending attorney, Joseph Kouri.
I found some some information following the deposition in which the defendants, represented by Kouri, were sanctioned. Frankly, I think the lawyer should have been sanctioned. Perhaps he was.
Go to www.bitterlawyer.com and then check out the next page of my blog to see some of the sanctions levied against the defendants for the attorney's bad acts.
Joseph Kouri died in a hospital in Santa Monica, CA. He was 61, alone and heartbroken. I'm sorry for his behavior but he was going through some horrible health and personal problems.
ReplyDeleteJoseph Kouri did indeed pass away in Santa Monica at the age of 61.
DeleteHowever, he was not heart-broken and surely he was not alone. I know as I am his brother.
I am also not sure why you are "sorry" for his behavior as he was on top of his game and quite liked by those he worked for.
Bullies are often 'well liked' by the people around them, that means nothing. His actions in the video speak volumes about his character.
DeleteI knew Joe pretty well and I'm sorry to hear he passed. I am also sorry to see that people who knew nothing of him or his circumstances are posting such harsh opinions all over the Internet. We can all learn to be a bit kinder, don't you think?
ReplyDeleteI never knew Mr. Kouri, but I do know that all trial attorneys deal with tough personal circumstances at one time or another. I certainly have. That doesn't excuse this type of behavior. It brings our entire profession down and adds to the unfortunate perception of trial lawyers that is shared by most people.
DeleteAfter watching Kouri's hateful, spite filled, angry, response to civilized, respectful deposition questions, it's a little difficult to stomach a commenter suggesting that Kouri should be treated more kindly. The man was obviously a brute and the world is better off without him.
DeleteNot sure of who you are but you must be quite important to decide what behavior is excused and what isn't.
DeleteI don't "share" that perception of lawyers but I will make an exception for you.
Easy to say as "anonymous".
ReplyDeleteThis is an e-mail received directly from someone claiming to be Mr. Kouri's brother about this blog post:
ReplyDelete"Dear Mark:
My name is John Kouri. I am the brother of Joseph who you so thoughtfully blasted as obnoxious and arrogant on your pathetic blog.
Although I have responded to the comments, or rather falsehoods, noted there about my brother, I see they still have not been posted.
My question is basically this. What's is your problem with my brother?
John"
Let me say, I have nothing against Mr. Kouri, but the video was posted AND I posted information about the sanctions motion against Mr. Kouri. The truth is that when people act like Mr. Kouri did in the video deposition, it gives lawyers a bad reputation.
I have nothing personally against Mr. Kouri, but some of the responses by his broher were NOT posted because there were offensive.
Apparently both Kouri boys had the same noneffective parents who thought it completely unnecessary to teach them how to be have like adults. How shocking.
ReplyDeleteThis deposition came studying the infamous case Testmasters v Blueprint.
ReplyDeleteFirst the question that the other lawyer was asking WAS improper. The witness testified that he never had a certain conversation. The lawyer then asks him what was discussed during the conversation. That is improper.
That being said, Kouri's behavior was completely over the top, unprofessional, and unnecessary. A simple, "Objection, asks the witness to assume facts not in evidence and denied by witness. I am instructing the witness not to answer," would be equally effective.
In the end, Kouri's client was sanctioned for over $1.6M for a pattern of discovery abuses, including this depo, repeatedly lying under oath, erasing computer files, and shredding documents.
"Assumes facts not in evidence" is not a proper deposition objection. Get used to it.
DeleteKouri's behavior was grossly unprofessional (whatever his brother thought or thinks of him). The only thing worse, really, is that for the most part judges haven't got the guts or good sense to severely sanction lawyers for this sort of behavior, or report it to the State Bar. There would be a lot less of this sort of nonsense if they did.
-- CA Lawyer
unbelievable that ANY1 needs to explain what was wrong with Kouris behavior in that depo. Calling opposing counsel a 'puppy'? Calling his questions 'bullshit'. That was peacocking bullshit in front of a client. And I hope the client realized AFTER the sanctions- that Mr Kouri was not the legend he told them he was.
ReplyDelete"Shanghai C" is more than on the money with said reply. Objections are objections, any basic law students KNOWS that; they ARE NOT PERSONAL. To degrade and try to brow beat another attorney by calling him rediculous names serves no purpose than to try to inflate one's ego and self importance.
ReplyDeleteI wonder what self importance Kouris felt in his death bed; to hear his so called brother talk, he felt the same way as he showed in his "holier than though" deposition "lecture." It's interesting to note that he goes one step further when he accuses a polite attorney of lecturing" him... Mr. Kouris as God almighty it seems. Well well, I guess St. Peter had a few questions for Mr. Kouris... Would have loved to have heard his objections to 'ol St. Pete!
This is a very interesting thread, especially the commentary from the relatives and friends.
ReplyDeleteThis is not even close to the line of interpretation, Joseph Kouri's conduct is a crime. Yes, as a 26-year attorney who reads civil procedure cases every morning and enjoys them as one might the comic strips, I recall a few federal cases where the attorneys acting like Joseph Kouri were jailed and charged with obstruction of justice.
Look it up, you may think it is a far fetched concept, but a depo is like being in the courtroom. No way Joseph Kouri would pull this crap in a federal courtroom where a judge is watching his every move.
Anyway, I won't repeat what others said about the actual objections by Joseph Kouri, suffice it to say even a newbie lawyer knows that 90% of his objections were highly improper, invalid depo objections, and abuse of his powers as an attorney (very rarely should an attorney instruct a witness not to answer a question. Joseph KourI knew the proper procedure is to get his objection on the record and move on.
What Joseph Kouri was doing, for example, was telling the examining lawyer that the witness did not understand the question. Again, if a judge was present, Joseph Kouri would not have dared object on that basis.
It was clear the attorney's style was to intimidate opposing counsel, and attempting obstructing proper discovery.
I have in my files an "Attorney Misconduct" folder. Check out a case where the court said: Defense counsel at deposition engaged in highly uncivil and abusive behavior clearly designed to intimidate witnesses and counsel and to obstruct the discovery process. The court ruled "this court finds that Mr. Green's misconduct violated fundamental precepts of professional civility and, accordingly, revokes his pro hac vice admission.
Sound familiar. This disgrace to the profession will not be missed.
MRUZ v. CARING, INC. 107 F.Supp.2d 596 (2000)