Tag Archives: litigation

Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.

The presidential election campaign this year has provided several teachable moments for law students and lawyers and this post focuses on one of them. Unless you have been hibernating for the past few weeks, you know that a number of women have accused Republican candidate Donald J. Trump of sexual misconduct.  Mr. Trump and his … Continue reading Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.

Bad Decisions to Go to Trial

You may be familiar with the Randall Kiser et al. study, Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations, 5 Journal of Empirical Legal Studies 551 (2008), which replicated amazing findings in prior studies by Samuel Gross and Kent Syverud, and Jeffrey Rachlinski. The top line finding in … Continue reading Bad Decisions to Go to Trial

Compared to What?

My colleague, S.I. Strong, recently circulated on the DRLE listserv a link to a survey conducted in 2015 for the National Center for State Courts.  The survey involved a nationwide random sample of 1000 members of the public (actually registered voters). This is a very respectable sample, especially considering that the reported findings are very … Continue reading Compared to What?

Is Proportionality of Discovery Good or Bad?

Alert readers of this blog will recall that amendments of the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015, including a new requirement that discovery be “proportional to the needs of the case.” The Institute for the Advancement of the American Legal System (IAALS) thinks that’s a good thing.  Critics, like … Continue reading Is Proportionality of Discovery Good or Bad?

Another View of the New FRCP Rules

I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative.  Here’s the abstract: In December of 2015, yet another … Continue reading Another View of the New FRCP Rules

FRCP Amendments Intended to Change Culture of Litigation

On December 1, amendments to the Federal Rules of Civil Procedure will take effect which are intended to change the culture of litigation. According to a post on the Institute for the Advancement of the American Legal System (IAALS) blog, the new rules affect “judicial case management, disclosure, use of experts, and education for judges.” … Continue reading FRCP Amendments Intended to Change Culture of Litigation

PEDR is Important for Culture Change in Courts

As you may know, the Institute for the Advancement of the American Legal System (IAALS), is a “national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system.”  It is an impressive, high-powered organization based in the University of Denver. It has four major initiatives:  (1) Quality Judges (promoting … Continue reading PEDR is Important for Culture Change in Courts