# Lawsuit tossed after plaintiff's attorney refuses to wear mask in courtroom **URL:** \ **Category:** The Quarantine Zone\ **Tags:** covid-quarantine\ **Created:** [March 28, 2021, 8:56pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923 "2021-03-28T20:56:13Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Dendarii\_Dame](https://avatars.discourse-cdn.com/v4/letter/d/bbce88/32.png) [@Dendarii\_Dame](https://boards.straightdope.com/u/Dendarii_Dame)\ **Post date:** [March 28, 2021, 8:56pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/1 "2021-03-28T20:56:13Z")
> **[Plaintiff Loses Case After Lawyer Refuses to Wear Mask in Brooklyn Court](https://www.nbcnewyork.com/news/coronavirus/plaintiff-loses-case-after-lawyer-refuses-to-wear-mask-in-brooklyn-court/2968116/)** > > A woman lost her personal injury lawsuit after her lawyer refused to wear a mask in court and the judge threw out her case, which had been set for trial. The New York Daily News reported Friday that Brooklyn Judge Lawrence Knipel tossed the... The lawyer said the mask made it hard to breathe. The judge had previously had Covid-19, and threw out the case, but did say that the client could refile the case later. I think the judge was right. I wonder if the plaintiff will sue her lawyer for the inconvenience involved. (Presumably, she’ll make sure any other lawyers she hires will mask up.) This incident feels like a _Boston Legal_ episode. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [March 28, 2021, 9:06pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/2 "2021-03-28T21:06:49Z")
> [@Dendarii\_Dame](#): > > The judge had previously had Covid-19 And had been hospitalized for it. ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [March 29, 2021, 12:07am UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/3 "2021-03-29T00:07:01Z")
That seems incredibly irresponsible of the lawyer, as much to his client as to the judge. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [March 29, 2021, 4:25am UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/4 "2021-03-29T04:25:58Z")
I’ not sure it’s ethical to punish the litigant over the actions of her lawyer. ---
**Author:** ![I\_Love\_Me\_Vol.I](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/i_love_me_vol.i/32/521_2.png) [@I\_Love\_Me\_Vol.I](https://boards.straightdope.com/u/I_Love_Me_Vol.I)\ **Post date:** [March 29, 2021, 5:58am UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/5 "2021-03-29T05:58:24Z")
> [@D\_Anconia](#): > > I’ not sure it’s ethical to punish the litigant over the actions of her lawyer Yeah. I say throw out the bone-headed lawyer, not the case! ETA: Why didn’t the lawyer ask for a continuance for his client (so as to obtain new counsel), tell the judge he can’t abide with the mask rule because of breathing issues, excuse himself, and leave? ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [March 29, 2021, 6:06am UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/6 "2021-03-29T06:06:30Z")
> [@I\_Love\_Me\_Vol.I](#): > > ETA: Why didn’t the lawyer ask for a continuance for his client (so as to obtain new counsel), tell the judge he can’t abide with the mask rule because of breathing issues, excuse himself, and leave? Probably the same as the real reason he refuses to wear a mask in the first place—he doesn’t care all that much about other people. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 29, 2021, 1:00pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/7 "2021-03-29T13:00:44Z")
If I was the judge the attorney would be in jail for contempt of court. And the suit would still be pending awaiting selection of different counsel for the plaintiff. Ultimately, the Court can’t insulate the plaintiff from all the consequences of having selected a fool for an attorney. But they can at least avoid making the plaintiff suffer any more than minimally necessary. ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [March 29, 2021, 1:05pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/8 "2021-03-29T13:05:39Z")
“Rights” without the cumbersome inconvenience of “Responsibilities” seems to be the hallmark of his ilk. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [March 29, 2021, 1:09pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/9 "2021-03-29T13:09:58Z")
Yeah, that’s pretty bad. Couldn’t the judge hold the lawyer in contempt and tell the plaintiff he has to get a new one? Hmm, maybe the whole point was really for the judge to get off the case. ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [March 29, 2021, 1:23pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/10 "2021-03-29T13:23:21Z")
> [@TriPolar](#): > > Couldn’t the judge hold the lawyer in contempt and tell the plaintiff he has to get a new one? [The judge apparently offered to move it to a smaller courtroom (so the lawyer wouldn’t have to project their voice as strongly) or to have another lawyer from Greenwald’s firm come in to take over.](https://www.nydailynews.com/new-york/ny-brooklyn-lawsuit-mask-covid-19-case-dismissed-lawrence-knipel-20210326-w4mshe3fa5hrjcm6ucmsatycvu-story.html) The lawyer was aware of the rules, agreed to the rules, but waited until the jury selection phase to share that they wouldn’t comply with the rules. It’s certainly inconvenient for the plaintiff, but I don’t know what else should be expected of the court in this situation. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [March 29, 2021, 1:30pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/11 "2021-03-29T13:30:08Z")
> [@I\_Love\_Me\_Vol.I](#): > > Yeah. I say throw out the bone-headed lawyer, not the case! - Wouldn’t the court documents indicate that Maskhole Legal Firm is representing the plaintiff? I’m assuming those can’t be amended. Re-filing with a new lawyer would seem the only choice. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [March 29, 2021, 1:32pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/12 "2021-03-29T13:32:41Z")
Stall tactic to force a settlement? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 29, 2021, 1:34pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/13 "2021-03-29T13:34:22Z")
> [@DMC](#): > > but I don’t know what else should be expected of the court in this situation. As others have said, you don’t punish the party because of misconduct by the lawyer. ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [March 29, 2021, 1:36pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/14 "2021-03-29T13:36:53Z")
I don’t believe there was any intent to punish the party as the judge offered several solutions. What would your solution look like? ---
**Author:** ![I\_Love\_Me\_Vol.I](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/i_love_me_vol.i/32/521_2.png) [@I\_Love\_Me\_Vol.I](https://boards.straightdope.com/u/I_Love_Me_Vol.I)\ **Post date:** [March 29, 2021, 2:05pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/15 "2021-03-29T14:05:15Z")
IANAL, but I thought attorneys just had to be replaced sometimes and there were provisions for that. Say your lawyer dies 5 months into your case. Does it have to start all over then? Maybe its some difference between criminal and civil law because it seems to me that attys are replaced at trials sometimes. Let’s say a defendent fires his lawyer. Is that then a mistrial that has to be started over? ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [March 29, 2021, 2:16pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/16 "2021-03-29T14:16:00Z")
And the judge offered to allow the attorney to get someone else at their firm to replace them. A woman walks into a grocery store with their 2 year old who is hungry, but the woman refuses to wear a face mask which goes against state law. In my world, we tell her to either wear a mask, get someone to shop in her stead, or go somewhere else and hope they are willing to break state law for her. Sucks for the hungry kid, but we’re certainly not trying to make them suffer. What does your store manager do? ---
**Author:** ![I\_Love\_Me\_Vol.I](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/i_love_me_vol.i/32/521_2.png) [@I\_Love\_Me\_Vol.I](https://boards.straightdope.com/u/I_Love_Me_Vol.I)\ **Post date:** [March 29, 2021, 2:22pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/17 "2021-03-29T14:22:24Z")
Why can’t she hire any new attorney? Why does she have her case dismissed if she doesn’t immediately hire a attorney she may not want to use? Is this a legal thing? ---
**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\ **Post date:** [March 29, 2021, 2:32pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/18 "2021-03-29T14:32:43Z")
aside… Could we PLEASE teach people basic ethics! - there are no rights without corresponding responsibilities. We have made the battle cry of RIGHTS! the ability to do whatever the fuck I please without having to worry about the rest of you suckers. So many of our problems are philosophical in nature - by which I mean we don’t teach people ethics, we don’t teach them to critically think, we don’t teach them logic, we don’t teach them source evaluation…but hey, lets teach them how to calculate molecular weight and do log equations and read The Scarlett Letter because all of that will be useful. end aside ---
**Author:** ![FigNorton](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fignorton/32/5619_2.png) [@FigNorton](https://boards.straightdope.com/u/FigNorton)\ **Post date:** [March 29, 2021, 2:32pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/19 "2021-03-29T14:32:46Z")
> [@DMC](#): > > A woman walks into a grocery store with their 2 year old who is hungry, but the woman refuses to wear a face mask which goes against state law. In my world, we tell her to either wear a mask, get someone to shop in her stead, or go somewhere else and hope they are willing to break state law for her. Sucks for the hungry kid, but we’re certainly not trying to make them suffer. What does your store manager do? A court of law has a decidedly different and more important set of rules than a grocery store. Analogies don’t cut it. ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [March 29, 2021, 3:14pm UTC](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923/20 "2021-03-29T15:14:20Z")
> [@Dangerosa](#): > > …but hey, lets teach them how to calculate molecular weight and do log equations and read The Scarlett Letter because all of that will be useful. Actually, we don’t do that anymore, either. LOL [Next page](https://boards.straightdope.com/t/lawsuit-tossed-after-plaintiffs-attorney-refuses-to-wear-mask-in-courtroom/938923.md?page=2)