Anger Mismanagement

The North Carolina Court of Appeals affirmed an order of discipline against an attorney admitted in 2001

David C. Sutton (“Defendant”) appeals from an order of discipline entered by the Disciplinary Hearing Commission (the “DHC”) of the North Carolina State Bar suspending his law license for a period of five years after determining that he had committed numerous violations of the North Carolina Rules of Professional Conduct. In addition to asserting challenges to various constitutional and procedural aspects of his disciplinary proceeding, Defendant argues on appeal that a number of the DHC’s findings of fact were not supported by evidence in the record and that several of its legal conclusions were incorrect. After careful review, we affirm.

The case involved seven matters, including

Defendant represented Barbara Pollard in a wrongful death lawsuit against her daughter-in-law in connection with the 2005 death of Pollard’s son, Stacey Pollard. During Pollard’s May 2011 deposition, which was taken by attorney Kathryn Fagan, Defendant repeatedly interjected his own questions and commentary, made sarcastic remarks, coached Pollard on how to respond to particular questions, and answered questions for Pollard. After the deposition had concluded, Defendant stated — in the presence of his client, the court reporter, and a law student in attendance — “Fagan, you know what your problem is? Your problem is that you need a boyfriend or a husband or something. . . . I understand your client goes both ways so . . . maybe you could have a little lickety-lick with her.

And

In 2013, Defendant represented Norman Shackley on a charge of impersonating a law enforcement officer. In connection with the case, Defendant obtained by subpoena phone records from one of the State’s witnesses, Jimmy Hughes. At 10:00 p.m. one evening, Defendant called a phone number listed in these records and told the person who answered the phone, Jean Sugg (whom Defendant did not know), that Hughes had “hit on” Shackley’s wife, who had “big boobs” and ran a prostitute website.

Also

Defendant defended a client charged with child abuse in 2013. Upon learning that the district attorney had refused to drop the charges against his client, Defendant left a voicemail for Detective Nikki Dolenti, the investigating officer in the case, in which he made the following statement in a harsh and threatening tone: “You obviously don’t know what the hell you’re doing. So I’m just gonna whoop your ass real bad next week unless you get your ass down there and get this case dismissed. And do your job and have some sense.”

The court

The extensive additional findings of fact in the Order of Discipline relating to the dispositional stage described numerous other instances of abusive, belligerent, threatening, and profane communications and conduct by Defendant — both inside and outside of the courtroom — that occurred between 2008 and 2014. The Order of Discipline also noted

numerous examples of a recurrent pattern in Defendant’s practice of law. When Defendant believes someone with whom he interacts professionally is wrong about the facts, the law, procedure, or a matter of judgment, he demands instant redress. If the person with whom he disagrees does not immediately capitulate, Defendant threatens to harm that individual in some way.

The Order of Discipline further noted numerous incidents demonstrating Defendant’s penchant for “us[ing] graphic sexual commentary to embarrass and/or demean others in professional contexts.” It also cited numerous instances showing that “in retaliation for perceived wrongs, [Defendant] is willing to breach his duty of loyalty to clients and former clients by disclosing confidential information and/or attempting to prejudice their interests.”

(Mike Frisch)