The Law Profession Blog probably had it right reporting on Nevada attorney James Pengilly’s disciplinary problems with a dash of humor. Pengilly acted badly – very badly – at a deposition, and given perceptions about lawyers and the law profession, the humor all but wrote itself:
When questioning the deponent, Pengilly used vulgarities, called the deponent derogatory names, aggressively interrupted the deponent and opposing counsel, answered questions for the deponent, and repeatedly made inappropriate statements on the record. Pengilly went on to ask the deponent if he was “ready for it” while positioning his hand near his hip. The deponent briefly left the room, but when he returned Pengilly displayed a firearm he had holstered on his hip to the deponent and opposing counsel.
Now that we’ve all enjoyed a laugh at Pengilly’s expense….
Pengilly’s situation was a reminder of one of the pitfalls of self-representation. Most lawyers (including me and other litigation attorneys) would acknowledge that when they are representing their own interests, or their families’, they don’t always think like lawyers. The reason is obvious enough: emotion.
Lawyers are trained to be advocates, but that contemplates a level-headed and analytical approach. Of course, lawyers sometimes lose their cool when they are representing a client’s interests. But it is far easier for a lawyer to do so when they are representing themselves or a close family member or friends. Simply put, things get too personal.
Along the same lines, individuals in many situations may want to represent themselves rather than hire counsel. This happens a lot in education and employment matters, or situations where there are non-litigated disputes. But the risk is similar: even a prepared, savvy, and smart client who his capable of representing his or her own interests may find it hard to keep cool. Reason can quickly give way to emotion, especially when a dispute involves personal gripes in addition to actual merits.
The Pengilly situation is extreme. (In almost twenty years of practice including litigating many contentious disputes, I’ve heard vulgarity and I’ve seen lawyers storm out depositions, but even that is rare.) That said, it is a good reminder that individuals and lawyers should always consider hiring counsel rather than represent themselves. And never brandish a fire arm at a deposition.
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