Mullaney v. Aude
Court of Appeals of Maryland
730 A.2d 759 (1999)
During a deposition of Betty Sue Aude (plaintiff), opposing attorney Allan Harris, representing Mullaney (defendant), made repeated gender-biased and derogatory remarks to Aude's attorney, Susan Green, calling her 'babe' and responding to her objection with 'At least I didn't call you a bimbo.' After a jury found for Mullaney on the underlying civil claims, the court separately addressed Harris's deposition conduct, granting Aude a protective order and attorney's fees; Mullaney and Harris appealed the fee award, arguing the comments were merely expressions of affection or approval.
Whether an attorney's participation in gender-biased conduct during discovery proceedings violates the rules of professional conduct.