The Ethics Of Profanity

The Kansas Supreme Court heard oral argument in two disciplinary matters on May 20 (link here).

The first case – which proceeded on a stipulation as to the misconduct, ethical violations and sanction – raised a question of personal interest to me.

Is it an ethical violation to curse out a client?

The parties stipulated that it was under the particular circumstances of the case, which involved profanity directed toward an incarcerated, handcuffed client during heated discussions over a possible plea and waiving preliminary hearing, that violated Kansas Rules 8.4(d) and (g).

The attorney was also “physically aggressive” toward the client.

Justice Stegall asked (paraphrasing) whether clients plus curses invariably equals misconduct.

If so, oh sh*t.

The stipulation calls for a one year stayed suspension and probation.  (Mike Frisch)