Discipline Notice - Charles N. Berry

License Number: 8851
Member Name: Charles N. Berry
Discipline Detail
Action: Reprimand
Effective Date: 5/18/1998
RPC: 3.4 - Fairness to Opposing Party and Counsel
8.4 (d) - Conduct Prejudicial to the Administration of Justice
Discipline Notice:
Description: Charles Nelson Berry, III (WSBA No. 8851, admitted 1979), of Seattle, has been ordered reprimanded pursuant to a stipulation for discipline, approved by the Disciplinary Board on May 18, 1998. The discipline is based on Mr. Berry’s conduct during a trial in 1993. Following the Court’s oral ruling dismissing portions of his client’s claim for damages, Mr. Berry spoke directly to the Court and referred to its rulings as "disgusting" and shameful, and as constituting a "travesty of justice." He also stated that he was "outraged by the way this Court has handled this whole case."
In addition, the Court also found that Mr. Berry engaged in a pattern of misconduct during the jury trial by expressing his personal opinions as to the veracity and credibility of witnesses during cross examination despite the Court’s repeated admonitions to cease such conduct.
Mr. Berry stipulated that his conduct violated RPC 3.4(c) (disobeying an obligation under the rules of a tribunal), RPC 3.4(e) (asserting personal knowledge of facts in issue); RPC 3.4(f) (stating personal opinions as to the justness of a cause or credibility of witnesses); and RPC 8.4(d) (engaging in conduct that is prejudicial to the administration of justice). The Hearing Officer was Kenyon E. Luce of Tacoma. Robert Wayne represented Mr. Berry. Disciplinary Counsel Jonathan Burke represented the Bar Association.


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