Jack Thompson knows incivility

Ah, the Casey Anthony trial continues to be the legal equivalent of “Jersey Shore,” or some other annoying TV reality show. In today’s episode: Hypocrisy! Revenge!  Irony! Abuse of process! Incivility!  And a special guest!

Cheney Mason, one of Casey Anthony’s defense attorneys, gave a raised middle finger (the international symbol of “I have nothing but contempt and utter disdain for you and your untoward words and conduct, so please have some form of unpleasant sexual intercourse with yourself!”) to a spectator who was verbally harassing Mason and others celebrating Anthony’s July 5 acquittal at a restaurant immediately after the trial.  Such public conduct by a lawyer is rude, undignified and inappropriate, but it is also rude, undignified and inappropriate for sea captains, puppeteers and plumbers, too. Incivility by a lawyer has to be especially egregious and must in some way threaten to undermine the administration of justice to raise the possibility of bar discipline, and flipping the bird to a jerk in a restaurant just plain doesn’t qualify. Now, a lawyer running all over town giving the finger to everyone for weeks on end, or a lawyer making the gesture to judges, opposing counsel or jury members in court would be very different matters. Such conduct would call into legitimate question a lawyer’s fitness to practice law. One such incident? No. I won’t speculate on what percentage of lawyers have given the upturned finger to someone during their careers, but you can.

Nevertheless, a Florida citizen decided to file an ethics complaint against Mason, which is his right. But this wasn’t just any Florida citizen; the complainant was Jack Thompson, a once nationally prominent attorney who managed the nearly impossible: he got himself disbarred for life in Florida for incivility, along with other ethical misconduct. Continue reading →