Every generation of lawyers has a name for it, but whether you describe the litigation tactic as "hardball," "Rambo," "scorched earth" or "stupid lawyer tricks," it persists. The explosion of electronic discovery, the increasing competition in the legal profession, the stress, time pressure, and information overload inherent in twenty-first century life, and, frankly, the expectations of clients, all contribute to the age-old problem. In the past, document dumps in discovery might mean a warehouse of boxes. Now, the volume runs into the terabytes. In the past, a lawyer might hold his or her tongue because he or she knew that he or she would have to appear before a judge or litigate against an opponent again. Now, the bars and the judiciaries in many cities are so large that some lawyers appear to believe that accusations and profanities can be hurled at opponents with impunity. In the past, a deposition, conference call or meeting might be cancelled with 24 hours notice, while now, with cell phones and personal digital assistants, counsel can inconvenience lawyers, litigants, and support staff without even having to speak to a human being. In the past, women and minorities were often marginalized or excluded altogether from the profession. Amazingly - in 2011 - we still hear of stories of a female lawyer being asked by opposing (male) counsel to get coffee in depositions or an African-American lawyer referred to as "boy."

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