Attorneys Susan Green and Gary Bernstein represented Betty Sue Aude (plaintiff) in a civil lawsuit against Mullaney (defendant). Attorneys Allan Harris and Benjamin Lipsitz represented Mullaney. During a pre-trial deposition of Aude, attorney Harris made derogatory, gender-biased remarks about Aude and attorney Green. Harris called attorney Green “babe” and replied to her objection with the retort, “At least I didn’t call you a bimbo.” After trial on Aude’s civil claims, a jury found in favor of Mullaney. In separate proceedings addressing Harris’s conduct during deposition, the court granted Aude a protective order against Mullaney and Harris, along with an award of attorney’s fees. Mullaney and Harris appealed the award of attorney’s fees. In arguments on appeal, Harris and Mullaney asserted that Harris’s comments were intended as expressions of affection or approval.