Ethics Opinions

ETHICS OPINION NO. 7
OF THE MISSISSIPPI BAR

RENDERED Tuesday, November 20, 1962

Editors Note: See DR7-108.; M.R.P.C 3.5, 8.4.

ATTITUDE TOWARD JURY- It is unprofessional and highly improper for a lawyer to curry favor with juries by fawning, flattery or pretended solicitude for their personal comfort.

RULE 23

This committee has been advised that there are lawyers who express to jurors solicitude for the personal comfort of the jurors and make flattering remarks to them such as "I appreciate your patience, attentiveness, etc.," or "you have been an excellent jury, etc."

Although the committee is aware of the fact that such statements and conduct is not uncommon in the Courts of this state, notwithstanding, it is the opinion of the committee that said statements or similar ones and such conduct are highly improper and unprofessional and are clearly in violation of Rule 23 of the Rules of Professional Conduct of the Mississippi State Bar which states as follows:

"All attempts to curry favor with the juries by fawning, flattery or pretended solicitude for their personal comfort as unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors, and propositions to dispense with argument, should be made to the Court out of the jury's hearing. A lawyer must never converse privately with jurors about the case; and both before and during the trial he should avoid communicating with them, even as to matters foreign to the cause."