Article May 28, 2001 Issue

Love in litigation

It's bigger than insults, threats, and intimidation.

By Kenneth E. Bemis, IV

An extremely difficult situation threatened my career. I'm a lawyer, and my legal practice focuses on representing companies in their labor and employment issues. When the United States government and one of the most powerful unions in the country started litigation against one of my firm's major clients, I was to be lead counsel in the trial. It wasn't long before I found myself in the middle of an ugly, hateful battle that forced me to step back and turn to God, who is Love.

The government attorney presented his case first. To my surprise, he began questioning a witness about matters that were attorney-client privileged. This was improper, and I immediately objected. But he continued to pursue the line of questioning. Even though this wasn't my witness, I instructed her that the information was privileged and that she shouldn't answer the question.

The government attorney then started verbally attacking me. He modified the charges against the company I was representing to include an allegation based on my alleged "threatening" of the witness. He also threatened to have me disbarred from practicing law before this particular government agency (one of my specialties), and in the state of Oregon (where I live with my family and have my law practice).

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