Problem Class #9Sparky

Assume that this jurisdiction has a Code of Professionalism, which, in addition

to the disciplinary rules, provides a basis for punishing lawyers for behavior which is
uncivil, discourteous, offensive, disruptive, or which disparages another on an
impermissible basis such as race or gender. Should a lawyer be punished, and if
so, how severely, for the following conduct:
1.
Steve, a white man, is a middle-aged lawyer. He has been waiting in line at
the Clerk of the Courts Office to file a complaint on behalf of a client for 15
minutes. As more minutes tick by, Steve gets angry because he is in a hurry and
believes that the Clerks employees are not handling matters efficiently. He was
heard by others waiting in line and the Clerks staff to mutter the words lazy and
incompetent. When Steve is finally at the desk, a middle-aged African-American
man asks him What can we do for you? Steve says File this complaint, Sparky.
The employee is not wearing a name tag. His name is not Sparky or anything that
remotely sounds like Sparky. Would you need to know whether the employee was
offended to determine whether and how to punish Steve?
2.
Would your answer change if instead of Sparky, Steve had called the
employee Chief?
3.
Should Steve be sanctioned if he had a good faith, but erroneous, belief that
the employees name was Sparky? Assume that the employee was very offended
and considered being addressed publicly as Sparky belittling and racist.
4.
Assume instead that Steve did not say anything while in line and was not at
all angry or impatient. At the desk, he asked the employee politely to file the
complaint for him. The employee told him the complaint could not be filed because
the formatting of the style of the case was incorrect. Steve became upset because
that day was the final day on which the complaint could be filed before the Statute
of Limitations time period expired. A verbal dispute erupted during which both
individuals raised their voices and became angry. The employee said If you
werent such a shyster, you wouldnt be filing complaints at the last minute!
Should Steve be sanctioned if he then replied Dont tell me how to practice law,
Sparky!