Wednesday, October 04, 2023

Hansen v. Volkov (Cal. Ct. App. - Oct. 4, 2023)

I'm glad that Justice Perluss decided to publish this opinion. I knew even before reading it that lawyers sometimes get testy with each other, and that (perhaps) family law cases are sometimes even worse than others in that regard given the underlying emotions of the parties.

But I didn't realize that one strategy for dealing with an abusive and/or "creepy" opposing counsel was to get a civil harassment restraining order against him. Or that, as here, a trial court would actually grant one for conduct that, while undeniably uncivil (and wrong), wasn't massively qualitatively different than what many attorneys (unfortunately) deal with from the other side every day.

So (1) I appreciate the guidance to trial courts to (essentially) think twice before granting harassment orders involving opposing counsel who don't get along, and (2) making public the conduct here. Because everyone involved should have chilled out. A ton.