This is an appeal by a member of the Bar from an order adjudicating him in contempt and imposing on him a fine of *656$50.00 or imprisonment for a period of not more than ten days. The incident out of which the alleged contempt arose occurred in open court in the Domestic Relations Branch of the trial court when the attorney attempted to have the court sign what the attorney considered an ex parte order. Unfortunately the proceeding was not stenographically recorded, and we are faced with a statement of proceedings and evidence prepared by the attorney and an “opinion and order” by the trial judge modifying and to some extent contradicting the attorney’s statement. Ignoring much extraneous matter contained in the attorney’s statement, we believe we are able to reconcile sufficiently the versions of the attorney and the judge to enable us to decide the real issue presented.
According to the attorney, when the judge refused to sign the order, holding it was not properly an ex parte matter, the judge then said:
“In my opinion this is a dirty trick on opposing counsel” to try to get this kind of a motion through as a preliminary matter; that “it is a sneaky practice upon fellow members of the Bar” to try to sneak through an ex parte matter in this method.
Also according to the attorney, the judge after making those remarks stated he wished to hear nothing further. When the attorney replied, “Your Honor’s remarks are unwarranted, uncalled for and not appreciated and I would like to be heard” the judge stated he would hold the attorney in contempt if he took any more of the court’s time. When the attorney then stated he had a right to be heard on the judge’s comments, the judge held the attorney in contempt.
The trial judge in his statement says it is “questionable” whether he used the exact language in the purported quotation of his remarks with reference to the attorney’s conduct, but he says “the substance of the thought was definitely voiced” and the attorney was told that his conduct was “improper, unprofessional, and unfair to fellow members of the bar.” The judge’s statement does not contradict the attorney’s statement that when the attorney sought to reply to the judge’s remarks he was held in contempt.
Thus the issue presented is whether a judge may in open court charge a lawyer with professional misconduct (the exact language of the judge is not material) and deny the lawyer the right to reply to that charge, and hold the lawyer in contempt when he attempts to reply. We are not here concerned with the correctness of either the judge’s position or the lawyer’s position with respect to the propriety of the submission of the proposed ex parte order.
In the representation of a client in court a lawyer has the right to press his claim, even if it appears farfetched and untenable, but if the court’s ruling is adverse, the lawyer has no right to persist in pressing his claim. His right is only to preserve his point for appeal and thus protect his client’s interest.1 The court’s error, if such it was, may be corrected through the appellate process. The situation here is quite different. The court made no ruling adversely affecting the attorney’s client. The attorney was personally charged by the judge with unprofessional conduct and no appeal could be taken from the judge’s remarks. Can a judge make such a charge and deny the attorney the right to answer? Must the attorney stand silent and helpless in face of such a charge? Is it contempt of court for the lawyer to insist that he is entitled to answer the charge ?
A charge that an attorney is guilty of unprofessional conduct is a serious charge and is even more serious and damaging when made by a judge in open court. Fundamental fairness requires that *657the attorney be given reasonable opportunity to answer such a charge. A judge has no right to make such a charge and then deny the attorney the right to be heard, and it is not contempt of court for the attorney to insist on being heard. Of course the attorney does not have unlimited time to be heard and his answer must be in a respectful manner, but he does have the right to be heard and should not be penalized for attempting to exercise that right.
Reversed.
. Sacher v. United States, 343 U.S. 1, 72 S.Ct. 451, 96 L.Ed. 717 (1952).