Stone v. Foster

In Stone v. Foster (1980) 106 Cal. App. 3d 334, plaintiff's counsel was on a mission from "the opening statement to closing argument . . . to portray defendant as an evil person." (Stone, at p. 353.) He introduced extensive evidence unrelated to the action portraying defendant as an avaricious doctor who took advantage of people without regard for the law or the constitutional rights of others. On numerous occasions, the court had to caution counsel about his argumentative campaign to impugn not only the character of the defendant but his counsel and his witnesses too. Such personal attacks constitute misconduct. (Id. at p. 355.)