► Attorney Brian Frawley of New York City; ethical goblin Print E-mail
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Attorney Brian Frawley of New York City; ethical goblin

 

The State of New York presented Brian T. Frawley with a law license in 1993 after he graduated from the Brooklyn School of Law. Brian also received a license to practice his brand of law in New Jersey.

 

In one matter, Brian, who is a partner with Sullivan & Cromwell, an allegedly prestigious [means they charge more than most] law firm was recently dressed down by the Delaware Supreme Court.

 

Brian represented Carole Shorenstein Hays, who is a Tony Award-winning theater producer involved in a contractual dispute over the staging of two popular Broadway shows. (Debra Cassens Weiss

 

The Delaware supreme court told a chancery court to reconsider an injunction, then focused on Hays’ deposition answers in its 51-page opinion. In particular, the Supreme Court stated:

  • “A lawyer who represents a client who engages in deposition misbehavior “cannot simply be a spectator and do nothing.” the Delaware Supreme Court said.
  • “The deposition appears to have been a colossal waste of time and resources due to her behavior, which made a mockery of the entire deposition proceeding.”
  • “We write to remind counsel that they have a responsibility to intercede and not sit idly by as their client engages in abusive deposition misconduct.”

The opinion included several examples of Hays’ evasive answers, calling them “a representative but incomplete identification of Hays’ ridiculous and problematic responses to questions.”

 

The court went on to cite examples of Hays’ “flagrantly evasive, nonresponsive and flippant answers,” one of which is as follows.

 

DEFENSE COUNSEL:

“Q. How much time did you spend with your counsel to prepare for the deposition?

HAYS:

“Sufficient.”

DEFENSE COUNSEL:

“How much is sufficient?”

HAYS:

“The appropriate amount needed.”

DEFENSE COUNSEL:

“Can you give me an estimate of the amount of time?”

HAYS:

“It was completely enjoyable.”

DEFENSE COUNSEL:

Q. How many times did you meet with your counsel to prepare for the deposition?

HAYS:

“Preparation is always a good thing.”

DEFENSE COUNSEL:

“That wasn’t my question. How many times did you meet with your counsel to prepare for the deposition?”

HAYS:

“I met with them—I’m not understanding the question.”

DEFENSE COUNSEL:

“you told me you met with your counsel to prepare for the deposition.”

HAYS:

“Sure.”

DEFENSE COUNSEL:

“How many times?”

HAYS:

“Well, see, I think of time as a continuum. So, I think I met with them from the beginning to the end. And the beginning was the start, and then there was the rehearsal, and then there was the preview, and now it’s what I think of as the performance. So, in my mind, I’m answering what you’re asking. If you could be more specific. Do you want hours?

DEFENSE COUNSEL:

“Yes.”

“Oh, I don’t wear a watch. So, I know the sun coming up in the morning and the moon coming up at night.”

 

The Supreme Court upheld the trial court’s award of attorney fees and costs to defense counsel as a direct consequence of Brian’s obnoxious and unethical conduct.

 

And lastly, it should be noted that Sullivan & Cromwell fails to mention Brian’s conduct on its self-serving website at www.sullcrom.com. Apparently, they chose to conceal this relevant information to not limit its future victim pool.

 

As we speak (ca. Augst 2019), Brian continues to be employed as a partner with Sullivan & Cromwell at 125 Broad Street in New York, New York.

 

 

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