Lawyer Christopher Kirby certainly had quite a night when he appeared to represent the East Ramapo School District at a simple school board meeting. By the end of the evening, Kirby was leaving just before the arrival of police, a community was in full uproar, and his firm was terminated from further representation of the District. How can things get that bad, you ask? It started with a smirk.
When parent and special education advocate Peggy Hatton stood up to discuss the treatment of her son at Spring Valley High School, she was respectful and even complimentary to teachers at his school. Hatton raised the fact that her son had failed the science portion of his exam by one point, producing an audible laugh from the board lawyer, Kirby. Hatton responded reasonably by saying “Is it funny? I’m sorry. Shame on you.” Kirby then walked out. He should have stayed out but, as with much of the evening, seemed drawn to the controversy like a moth to a flame.
Kirby returned with a clear smirk on his face. Hatton objects that “You’re still smirking at me, please!” Kirby responded with an incredibly unprofessional “Oh would you please shut up, for Christ’s sake.” Another woman rightfully objects from the audience.
Here is that scene:
What is astonishing is the complete lack of response from the board who sit there without an apparent care in the world as their lawyer acts like a schoolyard bully. Hatton correctly objects “You should all be ashamed of yourselves, to let him sit there and treat me like that when I am not attacking anybody.” The board still just sits there as Kirby taunts “Still smirking.”
Undone, Kirby continues his antics in the parking lot where he calls a man with a videocamera an “asshole.” He then tries to start a fight and says “I’m standing in your way; you gonna do something about it?” He then accuses the man named Luciano of standing behind “your women. What a man, what a tough guy.”
In the meantime, police were called by Hattan as Kirby meltdown in profanity laced acts.
Here is that scene (warning graphic and disturbing language):
Notably, a board member has finally shown some life and intervened, if only to get Kirby to go home. Board member Yonah Rothman is shown trying to coax the district’s lawyer back to some level of sanity.
The board proceeded to terminate the contract of Minerva & D’Agostino, a Long Island-based law firm which has represented the district since 2009.
The next question is whether Kirby will face bar charges for his disrespectful and unprofessional conduct.
DR 1-102 states that it is a disciplinary offense for a lawyer to:
3. Engage in illegal conduct that adversely reflects on the lawyer’s honesty, trustworthiness or fitness as a lawyer. . . .
5. Engage in conduct that is prejudicial to the administration of justice. . . .
7. Engage in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.
Normally, an altercation in a parking lot is not a matter for the bar but this confrontation began in a representational setting where Kirby acted like a juvenile.
Years ago I dated a flight attendant. She told me she was trained to anticipate more….colorful language flying out of New York. This guy snapped on something
This is the single most egregious example of unprofessional conduct I think I have ever seen on the part of an attorney, and I’ve seen some bad ones. As for Bron’s comment, he has no idea what he is talking about. It is the schools that try to game the system, not the parents. Schools are required to provide needed services to disabled kids. Game the system? My grandson was in special classes for a number of problems, including his dyslexia and speech impediment. They were looking to cut expenses, so they had him re-tested, and guess what? The marginally qualified but licensed master’s degree psych examiner found him to be cured of all his problems. He had also been getting benefits under SSI, and that effectively cut him off from that too. A few weeks later, his cancer was diagnosed and After four years of increasingly futile chemotherapy, radiation and surgery, he died at the age of 17. Cured and gaming the system—oh yeah!
I am with Juliet and her husband on this one. If that guy had talked to my wife or daughter like that, I would probably have ended up in jail, and he would need a visit to the emergency dental clinic after he got out of the emergency room.
Paul K. Ogden,
The a-hole word is not allowed in the comment section. Remove and repost.
rafflaw:
he shouldnt have smirked but she gave it to him as well. He looked young and cocky and should have just kept his mouth shut. He has either increased his marketability as a lawyer or will end up on skid row.
We all agree that Kirby, Esq. is a disgrace to the profession and his gender for this conduct, but what about the Caspar Milquetoast Board that let it happen. I am particularly unimpressed with the male member (pun intended) who after hearing a parent he represents called the “C Word” by his own lawyer positively prostrates himself beseeching the cad to leave. There’s a time for restraint and a time for getting in someone’s face, maybe the school board needs a lesson.
Bron,
The issue here is not this woman or her child. The issue is the unprofessional and frankly, disgusting conduct of this attorney. He was totally out of line and the bar association should consider disciplining him for those outrageous actions. The Board members should also be called on the carpet by the parents as to how they could allow one of their paid contractors to repeatedly insult a parent who was making a presentation to the board.
Bron, When I taught I found the Special Education parents to be some of the most involved and cooperative. They were/are strong advocates for their kids. I admired that and got along very well w/ them. I think Julia can tell you these parents too often get smirks, sighs, condescension, etc. from all levels of the educational establishment. There may be abuse as you described, but in the 5 years I taught I never saw it.
This asshat barrister is lucky that wasn’t Lucky Luciano.
Nick: I showed the blog post to my husband, and he looked over at me and said, “I’d have knocked his block off.”
I’ll finish your wife’s book tonight. Please tell her, “More, please.”
Juliet N:
People do game that system whether you care to admit it or not.
Bron: Never once, in 13 years of dealing with ARCs, IEPs and special needs kids have I seen a single parent who was “gaming” the system. Not once. I’m guessing you have no experience in this matter, otherwise you’d know that. Children get evaluated by professionals hired by the school districts to qualify for services, and school districts have a financial disincentive to provide those services. Often, parents have to hire lawyers to get the schools to provide the services their children need. There’s no gain to be had. There’s no money to be made. There’s no “gubment check” to be had from it.
You don’t have the slightest idea what you’re talking about.
Bron-
It’s definitely not against the law to smirk. And let’s say, for the sake of argument, this woman is “gaming the system?” Even assuming that’s true, how in the world does that justify this attorney: calling her a “fat c__t”; “fat b__ch”; and trying to fight another parent?
May not be against the law, but sure isn’t advisable. Definitely a violation of decorum
It is against the law to smirk?
What kind of special needs does the child have? I know people do game the special needs system to get an advantage for their child. Is this woman’s child a legitimate special needs child or is the mother gaming the system?
Bron: “Game the system?” WTF are you talking about? Yes, we’re all dying to have our kids in special ed classes, because there is so much cachet and easy money in it.
Whoops, watched the second clip all the way through.. yep, it’s there
Best line – “make sure he isnt billing this to the district.”
That is the truth, they bill for everything. They bill clients while taking a leak if they confer with the other attorney in their hand- Peter Johnson.
Still waiting for the disturbing language
He’s very fortunate he didn’t do that with a more…um…volatile special needs parent. We’re a pretty salty bunch.
As well he should…..
Fascinating. So, name the puppy yet?
Wow that lawyer has a problem. And that problem just led him to more problems.
But what does “fitness as a lawyer” mean? I know some people who would find his disrespect and rudeness to be good points if they were looking for a lawyer. IS this behavior enough to get him disbarred?
Please keep us updated Professor, if you hear of any actions being taken against this piece of work.
I wonder if he was drunk?
It is rather a pity that the cops did not arrive in time to check him out.
nothing will happen to him to badly the firm will fire him and obama will rehire him. end of story. either that or he will be joining law enforcement they hire his type on the spot no training, evaluations, nothing. they’ll just hand him a gun and a badge and let him loose..