Judge Mark Bennett wrote a recent obituary on the fate of the American trial lawyer. I must agree with Judge Bennett’s comments. The American trial lawyer is now a memory from times long past or in the pages of a legal thriller from John Grisham or Michael Connelly . Why did the trial lawyer get placed on life support ?
There are several reasons according to Judge Bennett;
- Increased Costs of Litigation
- Abusive Discovery
One key point that Judge Bennett mentions is the growth of the role of trial judges as litigation managers. The only trials are that are really being tried in Nashville , Tennessee are criminal trials.
Here is my challenge to those lawyers that still set foot in the courtroom for things other than a plea bargain agreement where you beg and grovel with the DA for a little scrap of justice . Let’s say "Your Honor this case is for a jury trial." Let’s talk to the jurors about their feelings on the case in jury selection. Tell the story of the case. Do not let the American trial lawyer die . All it needs is a little CPR.