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Tough Times for Sex Harassment Lawyer Philip Kay

Posted by: David Ring
March 31, 2010
Topic: California Lawyers In The News

Philip Kay became a well-known lawyer throughout California in the mid-1990s when he represented a legal secretary at the mammoth law firm Baker & McKenzie who claimed she was sexually harassed by partners at the firm.  Kay won the trial and a multi-million dollar judgment against the law firm.  If memory serves me right, I believe one allegation included a partner dropping M&M's down the secretary's blouse. 

Kay then became a powerhouse in the field of sexual harassment and discrimination.  He continued his success over the years, but apparently overstepped some boundaries in recent years with allegations of outrageous conduct in the courtroom that irked some trial judges and got him in serious trouble with the State Bar.  The State Bar brought charges against Kay and Kay ended up losing the case because he refused to answer certain questions on the witness stand which allowed the State Bar to enter a default against him.

Kay is facing a 3-year suspension from practicing law.  That would be the death knell of most small plaintiff firms.  It's not easy to disappear for 3 years, then come back and attract clients and new cases.  And Kay is not going down without a fight.  He just filed a massive lawsuit against the State Bar alleging all sorts of irregularities and constitutional violations in the proceedings. 

But Kay's lawsuit against the State Bar is a legal longshot.  He might stir the pot in the short term, but ultimately the discipline charges are not going away, and his lawsuit probably won't change that fact.