Thứ Hai, 15 tháng 10, 2012

"Bottle of Wine" Bankruptcy Sanctions Order Upheld!


Boy I remember the days when you could smooth over a dispute with a federal judge simply by delivering a nice bottle of wine and a hand-written note on the judge's doorstep.

Actually, I don't ever remember those days.

Regardless, the 11th has weighed in and affirmed the sanctions order:
Gleason has identified no authority supporting his contention that the First Amendment shields from sanctions an attorney who files an inappropriate and unprofessional pleading and then contacts a presiding judge ex parte with an offer to share a bottle of wine and “privately” resolve their dispute. When an attorney files inappropriate and unprofessional documents, a court may impose sanctions based on its “inherent power to oversee attorneys practicing before it.” Thomas v. Tenneco Packaging Co., 293 F.3d 1306, 1308 (11th Cir. 2002) (upholding a district court’s decision to sanction an attorney who submitted documents containing personal attacks on opposing counsel).

In the present case, the bankruptcy court found that Gleason’s written submissions to the court and sending a judge a bottle of wine with an offer to resolve their differences privately amounted to “sanctionable professional misconduct.”
Oh well,  I hope somebody drank it, a nice bottle of wine is a terrible thing to waste.

(Maybe it was part of the record on appeal?)

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