Michael P. Maslanka

  • Michael P. Maslanka
    Michael P. Maslanka is managing partner of the Dallas office of Constangy, Brooks & Smith. His e-mail address is mmaslanka@constangy.com. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He writes the “Work Matters” column for Texas Lawyer’s In-House Texas publication and records labor and employment podcasts that can be found at www.texaslawyer.com.

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« Get conscious about culture | Main | Are liquidated damages discretionary in a retaliation case under the FLSA? »

February 25, 2013

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If anything, I think using foul language in a court room will make a witness untrustworthy. It's not a crime to swear, but it can make you look unintelligent.

Sometimes profanity is just part of the facts of the case. It can demonstrate intent, bad faith, maliciousness, etc. If I represent a Plaintiff who was injured in a car accident, and the other driver was irate and used profane language at the scene, I might have my client testify to the profanity just to put a bad light on the defendant. But I certainly wouldn't have my client use any gratuitous profanity while testifying.

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