Courts

Lawyer Gets Too Clever Insulting Witness, Gets Censured For His Efforts

It might be punny, but that doesn't mean it's okay to say in court.

By  
on

AngryOpinion is notoriously split on the value of puns — not everyone can appreciate the brilliance of the Jungle Cruise. But regardless of your take on puns as a form of humor, it’s pretty clear that an attorney shouldn’t use them to insult a witness in court. To be fair, lawyers should not be going around insulting witnesses on the stand — something Rhode Island attorney Dennis D. Bossian has learned.

Bossian was cross examining an expert witness in a 2020 trial when he let his opinions about the testimony take center stage. As reported by the ABA Journal:

Bossian told the witness that he was going to read from his report.

“Let me read it,” Bossian said. “The record is going to bear out what you testi-lied to.”

“Testi-lied?” the judge said before requiring jurors to leave the courtroom.

According to the Rhode Island Supreme Court, the judge tried to caution Bossian, but the lawyer insisted that his conduct was appropriate and suggested that the judge begin proceedings against the expert for perjury.

As you might imagine, the judge declared a mistrial. The judge also referred Bossian to disciplinary counsel.

After a disciplinary hearing, Bossian eventually apologized to the trial judge. Something the Rhode Island Supreme Court appreciated, “While the apology to the trial justice was long-delayed, we commend [Bossian] for now taking responsibility for his actions.” The court considered that — as well as a 36-year career without other disciplinary issues — mitigating factors and publicly censured the attorney for his conduct.

But Bossian is reportedly not pleased with the result, saying he respectfully disagrees with the decision and quoting a former Rhode Island supreme court justice saying, “Supreme court decisions are not final because they are right, they are right because they are final.”

However Bossian has promised not to use the term “testi-lied” in court ever again.

Sponsored

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

Sponsored

Topics

, , ,