The Process Before Trial, Settlement, or Appeal

• Author: Rebecca Ann Taylor
• Profession: Writer and attorney
• Pages: 165-166

165

As an introductory note, jury trials seem to be performing a disappearing

act in general, increasing the differences between litigators and true trial

lawyers.

1

The number of jury trials is decreasing in inverse proportion to

the increasing number of lawsuits led nationwide as shown by a 2004

Rand Corporation study.

2

Part of this trend may be due to a “settlement

culture” catalyzed by Supreme Court Justice Warren E. Burger, who was an

advocate for alternative dispute resolution and “the concept of managing

litigation toward settlement.”3

The litigation strategies in this book do not focus on the trial or appel-

late processes. One reason for this is the aforementioned settlement trend

and the fact that most cases will not reach trial anyway. The second rea-

son is that trial and appellate practices are extremely different from simply

litigating a case. These practices involve additional rules, procedures, and

specialized attorney skill sets that are more appropriately reserved for other

books. Accordingly, it may be wise to co-counsel with other lawyers with the

appropriate experience if your case approaches the trial or appellate stages.

1. Timothy O’Neill & Nathan Davis, The Disappearing Jury Trial, 8 L W C-

, no. 17, Apr. 26, 2010, available at http:// www .swlaw .com /assets /pdf /publications /2010

/04 /26 /TheDisappearingJuryTrial .pdf.

2. Id.

3. Id.

Chapter 7

e Process Before Trial,

Settlement, or Appeal

Taylor CivilRightsLit_20131004_16-30_Confirmation Pass.indd 165 10/23/13 10:43 AM