Pretrial Litigation, Dispute Resolution, and the Rarity of Trial
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Authors
Pearlstein, Arthur
Issue Date
2007
Volume
40
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In modern American civil law practice, the very term "pretrial litigation" seems almost incongruous. The truth of the matter is, as reflected in the recently popular label "the vanishing trial," very little litigation actually involves a trial at all. In federal courts, less than two percent of civil lawsuits result in a trial. There is substantial evidence that the trend of dramatic declines in relative numbers of trials has been mirrored in state courts as well. In the very unscientific sample of my own fifteen years as a litigator in a variety of state and federal courts, I can safely say that more than ninety-nine percent of my litigation time was spent in "pretrial" work and less than one percent in trial. For good or for ill, and opinions among practicing lawyers and the legal academy vary on that judgment, "litigation" should no more be thought of as "pretrial" than medicine should be considered "pre-surgery" or defense, "prewar."...
Description
Citation
40 Creighton L. Rev. 651 (2006-2007)
Publisher
Creighton University School of Law