The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From Judge Ron Clark (E.D. Tex.):
Speakers at [Continuing Legal Education] seminars, especially judges, invariably tell the attorneys that attacking opposing counsel is counter-productive and is likely to result in juror resentment. The undersigned has tried more than 100 jury trials and in each has gone to the jury room after the verdict, with his law clerk, and asked: "what would you tell this young lawyer to do, or not do, when the clerkship is over and it is time for that first trial?" In almost every case in which a lawyer has criticized or attacked opposing counsel, at least one juror remarks on the need to be polite to opposing counsel and avoid personal attacks.