Lawyer survey: Civil system is “broken,” discovery pricey, costs force settlements

by • November 1, 2008 • UncategorizedComments Off on Lawyer survey: Civil system is “broken,” discovery pricey, costs force settlements1349

© 2008 The Medical-Legal News

In a survey by the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System, 83% of 1,500 lawyers said that trial costs, not a case’s merits, dictate settlement.
The survey was reported in the September issue of the National Law Journal. Most respondents said civil cases are often simply not filed because of high costs, and about one-fourth said the civil system is “broken.” The attorneys cited high discovery costs (especially electronic) as an area for improvement. They said too many local discovery rules existed and that judges do not impose discovery sanctions often enough. 

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