“Can y’all play nice, or do I have to attend these depositions?” 127th District Judge R.K. Sandill of Harris County, Texas, asked during a telephone hearing on Tuesday. “I don’t mind coming down there if I need to, or you can do them here.”

Both sides declined the judge’s offer to attend the depositions to ensure they “play nice.” Sandill also suggested that Enos could take Krist’s deposition over Skype or another video conferencing system, rather than in person.

The judge told the attorneys that the defendants must fully comply with the plaintiff’s production requests within 10 days, and that he wants the depositions completed within 30 days. He also said the parties must notify the court by Sept. 10 about the dates they have scheduled the depositions, or else he would issue an order to compel the depositions for a certain date.

Enos, owner of The Enos Law Firm in Webster, was representing Jessica Vickery, who is suing Krist and two other Houston attorneys over a 45 percent contingent attorney fee they charged on annuity payments her mother won in a 1994 divorce case against Baytown lawyer Glenn Vickery.

Krist’s attorneys were scheduled to take Jessica Vickery’s deposition Aug. 21, and Krist came along to listen. A security camera in Enos’ law firm recorded Krist slapping Enos across the face. According to an Aug. 21 incident report by the Webster Police Department, police charged Krist with class C misdemeanor assault by contact, which carries a maximum fine of $500 and no jail time.

Enos notified the court about the assault in an Aug. 30 letter to Sandill, which was filed in the case. He argued that the court should step in to make orders about Krist’s conduct, bar him from attending Vickery’s deposition, and order Krist’s own deposition to occur at the courthouse, which has heightened security. Enos told the court the defendants haven’t fully complied with production requests, nor agreed to schedule depositions of the defendants.

In response, Scott Krist filed a letter with the court Sept. 6 that said the parties have resolved the discovery disputes that Vickery raised and the court doesn’t need to intervene. Among other things, the defendants agreed that Ronny Krist won’t attend any depositions in the case aside from his own. He wrote that when Ronny Krist is deposed, it will take place at The Krist Law Firm. If Enos is afraid, he should notify the Webster Police Department before the deposition.


‘Pitiful old man’

Although they agreed to behave in depositions, the attorneys for both sides have lobbed accusations of unprofessional behavior behind the scenes.

Scott Krist’s letter said that from the start of the case, Enos has been disrespectful to Ronny Krist. But Enos said that when Krist arrived at his law office on Aug. 21, Krist threatened to “kick my ass,” to which Enos replied, “I would like to see that happen.”

That’s when Krist slapped Enos.

After the assault on Aug. 21, Enos publicized the incident online and in the media, the letter said. Enos wrote on his blog that just before Ronny Krist slapped him, “I did tell this pitiful old man that I would like to see that happen.”

Scott Krist wrote, “Plaintiffs counsel decided to engage in school-yard taunts and name calling. This is the tone and behavior by plaintiff’s counsel that has led to the unfortunate events in this case.”

He asked the court to admonish Enos to behave professionally.

But on the other side, Enos’ letter said that Scott Krist has been unprofessional when responding to emails about the discovery disputes. For example, he claimed in one response, Scott Krist wrote, “Nerd, we’ll have documents to you next week upon my return from vacation. Further, only an idiot would grant credence to your neophyte construction of the rules. Now go back and sit in the corner.”