PCB 19

[01-Nov-1991]

                            STATE OF VERMONT
                                    
                       PROFESSIONAL CONDUCT BOARD
                                    
                                    
In re: PCB File No. 90.41


                           NOTICE OF DECISION

                              PCB NO.  19 


                           Procedural History

     A complaint was filed with the Professional Conduct Board by a witness
in a divorce action in which Respondent represented one of the parties. 
After an investigation was completed, specially appointed bar counsel 
entered into a stipulation.
     The Professional Conduct Board reviewed the stipulation which it
accepted.
     The Professional Conduct Board incorporates that stipulation into the
following findings of facts and conclusions of law.

                                  Facts
     1.  The Respondent is an attorney licensed to practice in the State of
Vermont and subject to the powers of this Board.
     2.  The Respondent represented one of the parties in a divorce action.
     3.  In the course of said litigation, the parties and their counsel 
attended a hearing at a superior court on July 13, 1990.
     4.  Complainant attended the hearing in order to appear as a witness at
the request of the opposing party.
     5.  Complainant was a friend of both parties to the divorce. 
Complainant attempted to speak with the Respondent's client outside the
courtroom during a break in the hearing.
     6.  Respondent found complainant's attempt to talk to his client
particularly disruptive and asked complainant to leave him alone with his
client.
     7.  When complainant failed to do so, the Respondent told complainant
to "[g]et the fuck away from here".
     8.  Complainant was upset and offended by the Respondent's comment to
complainant.

                            Conclusion of Law
     Respondent's conduct was undignified, discourteous, and was degrading
to the court in violation of DR 7-106(C)(6).
     Attorneys in divorce proceedings, as well as any other court
proceedings, are obligated "to preserve decorum and encourage fair process,
treating all involved persons with dignity."  In re PCB File No. 88.125,
Notice of Decision No. 7, p. 4 (May 10, 1991).
  Respondent has been privately admonished for this violation.

     Dated at Montpelier, Vermont, this 1st day of November, 1991.

                                    
                                    
                            PROFESSIONAL CONDUCT BOARD


                            By:  /s/                           

                                 J. Eric Anderson, Chair


/s/                         /s/                            
Deborah S. Banse, Esq.      Hamilton Davis


/s/                         /s/                            
Anne K. Batten              Nancy Foster


/s/                                                        
Leslie G. Black, Esq.       Shelley Hill, Esq.


/s/                         /s/                            
Richard L. Brock, Esq.      Rosalyn L. Hunneman


/s/                         /s/                            
Joseph F. Cahill, Jr., Esq. Donald Marsh


/s/                         /s/                            
Nancy Corsones, Esq.        Karen Miller, Esq.

/s/                         /s/                            
Christopher L. Davis, Esq.  Edward Zuccaro, Esq.