“Disrespectful cockalorum…mordaciously sarcastic”

It would appear U.S. District Judge Robert Blackburn has reached the end of his patience with attorney Mark E. Brennan, and then some. Throwing out a $1.2 million verdict obtained by Brennan against the city of Denver on a claim of age discrimination against a firefighter, Judge Blackburn condemned Brennan’s courtroom antics as “disgraceful” as […]

It would appear U.S. District Judge Robert Blackburn has reached the end of his patience with attorney Mark E. Brennan, and then some. Throwing out a $1.2 million verdict obtained by Brennan against the city of Denver on a claim of age discrimination against a firefighter, Judge Blackburn condemned Brennan’s courtroom antics as “disgraceful” as well as “boorish and unprofessional”:

“In over 19 years on the bench, I have seen nothing comparable,” the judge wrote. “Such disrespectful cockalorum, grandstanding, bombast, bullying and hyperbole as Mr. Brennan exhibited throughout the trial are quite beyond my experience as a jurist, and, I fervently hope, will remain an aberration during the remainder of my time on the bench.”

(Daniel J. Chacon, “Judge points to lawyer’s antics in junking $1.2 million ruling”, Rocky Mountain News, Oct. 6). No response from Mr. Brennan is recorded yet in the news coverage assembled by Google. The dictionary, incidentally, defines “cockalorum” as “boastful talk; crowing”. P.S. Brennan’s response, as reported in the Rocky Mountain News (via ABA Journal); also more details at On Point News.

5 Comments

  • Readers, note: the cockalorum went over well with the jury. More often than not, it does.

  • Does this give his client grounds for a legal malpractice suit?

  • You know, that’s an interesting question, Mark.

    Leaving aside the issue that the case will be retried (thus no real harm to the client – yet), does counsel’s overly-dramatic and offensive theatrics rise to the level of malpractice?

    On the one hand, he’s being zealous in his representation of his client. On the other, his zeal led to a reversal of a favorable jury verdict.

    Did he violate the standard of care? Or did he go above and beyond the call of duty?

  • No harm yet? How much more will the client have to pay this or another lawyer to handle the retrial.

  • Mark,

    Probably nothing, though he’ll probably have to shell out some more money for litigation costs.

    The article notes that it’s an age-discrimination suit. I may be wrong, but he may be entitled to recover attorneys’ fees.

    If not, his attorneys are likely working on contingency.

    So, no, I don’t think the plaintiff has suffered any harm yet, at least until the case is retried.