Costly Depositions

It’s common practice for a client to pay hefty prices to his lawyer for depositions. It’s less common for the client and his lawyer to pay hefty fines for misconduct during depositions.

U.S. District Judge Eduardo Robreno of Philadelphia issued a $29,000 fine against attorney Joseph Ziccardi and his client Aaron Wilder, chief executive of HTFC Corp., for misconduct during a deposition.

According to Judge Robreno’s opinion, Wider engaged in “hostile, uncivil and vulgar conduct, which persisted throughout …nearly 12 hours of depositions.” Judge Robreno found Wider’s attorney culpable as well because he “snickered” at his client’s remarks and failed to stop his client’s tirades.

The objectionable conduct included the use of profanity more than 70 times during the deposition, as well as when opposing counsel asked Mr. Wider to open a file to discuss certain documents, Mr. Wider responded: “You want me to look at something, you get the document out. Earn your [expletive] money, [expletive]. Isn’t the law wonderful?”

Wider claims his inappropriate conduct stemmed from manic-depressive disorder and the recent death of his father.