Add highly experienced trial lawyers to the U.S. Endangered Species List. The Tennessean reports that the trend of settling disputes through alternative means rather than going through a jury trial is leaving more lawyers without essential trial experience and possibly opening those lawyers up to more mistakes in the litigation process. The numbers of declining trial cases in Tennessee alone are surprising. In 2010 there were only 384 jury trials in state civil courts — nearly 1,000 less than a decade ago. Forty-three were in Nashville, down from 138 in 2000. Federal trial courts have experienced a similar trend. There were 5,325 civil and criminal jury trials in U.S. district courts in 2008, down from 6,839 in 2000 and 9,844 in 1990. The trend raises concerns among lawyers and judges that the rare case that does go to trial may be handled by an inexperienced lawyer prone to making mistakes. The Wall Street Journal has cited numerous reasons for the decline in jury trials that go beyond alternative dispute resolution including rapidly increasing trial costs, backlogged court systems, and an increasing belief that jurors don’t readily grasp the complexities of legal matters. Whatever the reason, lawyers are taking notice of trial skills limitations in some of their colleagues, which in some cases has led to disputes about the truthfulness of using the label ”trial lawyer” in legal advertising. For attorneys looking for innovative ways to gain essential trial experience, Lawyer-Coach.com has a few suggestions including:
- Participate in pro-bono or volunteer lawyer groups that may offer training and mentoring from experienced trial lawyers.
- Offer to second-chair interesting trials for free to get valuable increased time in front of a jury.
- Offer reverse mentoring in exchange for time assisting in trial. You may have more to offer an experienced litigator than you think.
The suggestions this entry recommends not only help hone trial lawyers’ skills, but also better serve the community. Double thumbs up!