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	<title>Comments on: Belittling the Judge Can Really Hurt Your Client</title>
	<atom:link href="http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/</link>
	<description>breathless punditry and one-breath poetry with David Giacalone</description>
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		<item>
		<title>By: Florence Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-4821</link>
		<dc:creator>Florence Hotels </dc:creator>
		<pubDate>Fri, 27 Jan 2006 23:14:37 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-4821</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Honolulu Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Honolulu Hotels</p>
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	<item>
		<title>By: Florence Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-6741</link>
		<dc:creator>Florence Hotels </dc:creator>
		<pubDate>Fri, 27 Jan 2006 23:14:37 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-6741</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Honolulu Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Honolulu Hotels</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Columbia Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-4792</link>
		<dc:creator>Columbia Hotels </dc:creator>
		<pubDate>Wed, 18 Jan 2006 21:59:37 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Vienna Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Vienna Hotels</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Columbia Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-6712</link>
		<dc:creator>Columbia Hotels </dc:creator>
		<pubDate>Wed, 18 Jan 2006 21:59:37 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-6712</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Vienna Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Vienna Hotels</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Sydney Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-4791</link>
		<dc:creator>Sydney Hotels </dc:creator>
		<pubDate>Wed, 18 Jan 2006 20:16:36 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-4791</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Niagara Falls Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Niagara Falls Hotels</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Sydney Hotels </title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-6711</link>
		<dc:creator>Sydney Hotels </dc:creator>
		<pubDate>Wed, 18 Jan 2006 20:16:36 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-6711</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Niagara Falls Hotels</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Niagara Falls Hotels</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Offshore Sailing</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-4517</link>
		<dc:creator>Offshore Sailing</dc:creator>
		<pubDate>Mon, 03 Oct 2005 16:55:32 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Sailing Magazine</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Sailing Magazine</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Offshore Sailing</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-6437</link>
		<dc:creator>Offshore Sailing</dc:creator>
		<pubDate>Mon, 03 Oct 2005 16:55:32 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/09/18/belittling-the-judge-can-real#comment-6437</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Sailing Magazine</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Sailing Magazine</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Anelia</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-4368</link>
		<dc:creator>Anelia</dc:creator>
		<pubDate>Fri, 02 Sep 2005 07:48:40 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Very nice</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Very nice</p>
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	<item>
		<title>By: Anelia</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-6288</link>
		<dc:creator>Anelia</dc:creator>
		<pubDate>Fri, 02 Sep 2005 07:48:40 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Very nice</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Very nice</p>
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		<title>By: Carolyn Elefant</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-5091</link>
		<dc:creator>Carolyn Elefant</dc:creator>
		<pubDate>Fri, 19 Sep 2003 19:15:59 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

David:
You are right about reading the opinion (according to the article, it will be published on NYLJ on Monday) because it might offer additional insight.  Still, what&#039;s troubling is that reportedly, the judge didn&#039;t do much about this conduct during the trial in the form of sanctions or instructions to the jury.  As for your point about plaintiffs having to live with the results of &quot;mad dog&quot; attorneys, I wondered about that myself - perhaps the judge secretly hoped that by reversing this verdict, future plaintiffs would be deterred from using Moore for fear that their awards would be subject to challenge.  So maybe this is a covert attempt by Green to diminish Moore&#039;s business.  
From the excerpts I&#039;ve seen of the case, it does seem that Moore was exceptionally rude and unprofessional to the defendants&#039; witnesses. But again, it would seem that a public apology in the courtroom would have done more to address the matter (and teach the jury about &quot;inappropriate conduct&quot;) than to penalize the plaintiff. 
Finally, as for the defendants, I agree that fairness is important.  At the same time, they were represented by a large, well known firm that defends in medical malpractice cases.  I would have more sympathy if the defendants here were outgunned in terms of money and/or resources, but here, it&#039;s likely that their insurance company was paying the bill for the defense.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>David:<br />
You are right about reading the opinion (according to the article, it will be published on NYLJ on Monday) because it might offer additional insight.  Still, what&#8217;s troubling is that reportedly, the judge didn&#8217;t do much about this conduct during the trial in the form of sanctions or instructions to the jury.  As for your point about plaintiffs having to live with the results of &#8220;mad dog&#8221; attorneys, I wondered about that myself &#8211; perhaps the judge secretly hoped that by reversing this verdict, future plaintiffs would be deterred from using Moore for fear that their awards would be subject to challenge.  So maybe this is a covert attempt by Green to diminish Moore&#8217;s business.<br />
From the excerpts I&#8217;ve seen of the case, it does seem that Moore was exceptionally rude and unprofessional to the defendants&#8217; witnesses. But again, it would seem that a public apology in the courtroom would have done more to address the matter (and teach the jury about &#8220;inappropriate conduct&#8221;) than to penalize the plaintiff.<br />
Finally, as for the defendants, I agree that fairness is important.  At the same time, they were represented by a large, well known firm that defends in medical malpractice cases.  I would have more sympathy if the defendants here were outgunned in terms of money and/or resources, but here, it&#8217;s likely that their insurance company was paying the bill for the defense.</p>
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	<item>
		<title>By: Carolyn Elefant</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/09/18/belittling-the-judge-can-really-hurt-your-client/comment-page-1/#comment-7011</link>
		<dc:creator>Carolyn Elefant</dc:creator>
		<pubDate>Fri, 19 Sep 2003 19:15:59 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

David:
You are right about reading the opinion (according to the article, it will be published on NYLJ on Monday) because it might offer additional insight.  Still, what&#039;s troubling is that reportedly, the judge didn&#039;t do much about this conduct during the trial in the form of sanctions or instructions to the jury.  As for your point about plaintiffs having to live with the results of &quot;mad dog&quot; attorneys, I wondered about that myself - perhaps the judge secretly hoped that by reversing this verdict, future plaintiffs would be deterred from using Moore for fear that their awards would be subject to challenge.  So maybe this is a covert attempt by Green to diminish Moore&#039;s business.  
From the excerpts I&#039;ve seen of the case, it does seem that Moore was exceptionally rude and unprofessional to the defendants&#039; witnesses. But again, it would seem that a public apology in the courtroom would have done more to address the matter (and teach the jury about &quot;inappropriate conduct&quot;) than to penalize the plaintiff. 
Finally, as for the defendants, I agree that fairness is important.  At the same time, they were represented by a large, well known firm that defends in medical malpractice cases.  I would have more sympathy if the defendants here were outgunned in terms of money and/or resources, but here, it&#039;s likely that their insurance company was paying the bill for the defense.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>David:<br />
You are right about reading the opinion (according to the article, it will be published on NYLJ on Monday) because it might offer additional insight.  Still, what&#8217;s troubling is that reportedly, the judge didn&#8217;t do much about this conduct during the trial in the form of sanctions or instructions to the jury.  As for your point about plaintiffs having to live with the results of &#8220;mad dog&#8221; attorneys, I wondered about that myself &#8211; perhaps the judge secretly hoped that by reversing this verdict, future plaintiffs would be deterred from using Moore for fear that their awards would be subject to challenge.  So maybe this is a covert attempt by Green to diminish Moore&#8217;s business.<br />
From the excerpts I&#8217;ve seen of the case, it does seem that Moore was exceptionally rude and unprofessional to the defendants&#8217; witnesses. But again, it would seem that a public apology in the courtroom would have done more to address the matter (and teach the jury about &#8220;inappropriate conduct&#8221;) than to penalize the plaintiff.<br />
Finally, as for the defendants, I agree that fairness is important.  At the same time, they were represented by a large, well known firm that defends in medical malpractice cases.  I would have more sympathy if the defendants here were outgunned in terms of money and/or resources, but here, it&#8217;s likely that their insurance company was paying the bill for the defense.</p>
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