[co-author: Kaylen Loflin]
As an officer of the court every attorney is held accountable to the standards set forth in the Rules of Professional Conduct. In bankruptcy court, attorneys are held to additional standards set forth in local bankruptcy law. A violation of the rules can result in harsh sanctions as attorney Richard Gates discovered in In re Gates, Misc. Case No. 18-00301-KRH (Bankr. E.D. Va. Apr. 5, 2018).
Over the course of several years, Gates had multiple “incidents” when entering the United States Courthouse in Richmond, Virginia. Two of the most flagrant incidents, the November 2016 Incident and March 29, 2018 Incident were the focus of this Show Cause Order. The November 2016 Incident began when Gates’ shoes set off the alarm when he attempted to pass through the magnetometer. After being asked to take his shoes off and place them on the conveyor belt, Gates violently threw his shoes at the conveyor belt. Security then asked Gates to wait until a U.S. Marshall could escort him into the courthouse. When the U.S. Marshall arrived, Gates raised his voice complaining that no other Virginia courthouse required him to go through security before entering. The March 29, 2018 Incident began almost the same way when Gates was asked to take off his belt to go through the magnetometer. Gates responded by going on a profanity-laced tirade and throwing his belt so hard at the conveyor belt that it hit the woman behind him for which he did not apologize.
Subsequently, Gates was ordered to show cause why he should not be disciplined for his disruptive and abusive behavior towards court security personnel. The Court has the power to discipline any attorney for violating the Rules of Professional conduct or local bankruptcy law. The Virginia Rules of Professional Conduct prohibit an attorney from committing a “deliberate wrongful act that reflects adversely on the lawyer’s . . . fitness to practice law.” In addition, local bankruptcy law requires that “[c]ounsel shall at all times conduct and demean themselves with dignity and propriety.” In this case, the Court found that sanctions were appropriate because of Gates’ repeated refusal to conform his conduct to these standards. Gates chose to take his frustration out on security personnel rather than seeking redress for his grievances through the appropriate legal channels. Due to his misconduct, Gates was barred from practicing law before the United States Bankruptcy Court for the Eastern District of Virginia and banned from entering the courthouse for six months.
The key takeaway from this case is that the things a lawyer does outside the courtroom can gravely impact his or her entire profession.
