ABA SECTION OF LITIGATION SYMPOSIUM TO ADDRESS IMPACT OF "VANISHING TRIALS" ON JUSTICE SYSTEM

CHICAGO, Dec. 8, 2003 – Even as the volume of legal work has grown steadily in recent years, new data indicate that the number of federal and state trials has declined dramatically since 1962.  Litigators, judges and academics will gather to study and analyze this trend at a symposium sponsored by the American Bar Association Section of Litigation Dec. 12-14 at the Westin St. Francis Hotel in San Francisco. 

The data speak to a trend that could have long-term implications for the legal system, for the practice of law as we know it, and for the public.  Will the decrease in trials pose a long-term threat to the fair and impartial administration of justice?  Or are new methods of resolving disputes satisfactorily replacing the trial process?   Is the increase in the number of arbitrations and mediations equivalent to the decline in the number of trials?  Has the decline affected the training of lawyers and judges?  Will the courts’ participation in disputes be radically changed?  How will these trends affect the public’s right to know?  What steps should the organized bar take in light of this phenomenon? Does justice need to be “seen” to be “done?”

The symposium will focus on the report “The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Court,” prepared by Marc Galanter, professor of law at the University of Wisconsin.  The study and symposium are part of the section’s civil justice initiative. 

During the two-day meeting, four panels will focus on various aspects of the “vanishing trial.” In each, leading scholars will present papers focusing on the causes of decline, state and local parallels, arbitration and mediation, what the courts are doing, and the consequences of the decline.  Each panel will also include responses from leading practitioners and judges.  Attendees will look at every aspect of litigation from pre-trial motions to settlement, from the length and complexity of trials to the effect on the courts of ADR, mediation, sentencing and case management. 

“We believe that the section’s record of studying and commenting on significant issues touching on the quality of the justice system speaks for itself.  By convening this symposium, the section is once again taking the lead in examining the tough issues facing the profession.  We will be looking at why trials are vanishing and what it means for our justice system,” said Patricia Lee Refo, Phoenix, chair of the Section of Litigation.  “This is a great opportunity for leaders of the profession to reflect on the state of practice, and on the impact that these trends will have on the profession, and the justice system, overall. We have identified top legal scholars who have provided us with cutting edge study and analysis upon which we should reflect.   Some of the best minds and most experienced trial lawyers and judges in America will be responding to the research.”

The opening session is set for Friday, Dec. 12.  The Saturday opening session features an address by ABA President-Elect Robert J. Grey Jr., Richmond, Va. Grey has announced an initiative for his term as president that will focus attention on the importance of the jury by addressing jury composition, comprehension and culture.  He will bring together resources from a number of ABA groups, including the Section of Litigation, that have been studying various aspects of the jury system. 

Chief Justice Shirley Abrahamson of the Supreme Court of Wisconsin will be the speaker at a luncheon to be held on Saturday, Dec. 13.

Panel discussions on Saturday include:

• “Causes of Decline.’’ Prof. Marc Galanter will be joined by Professors Shari S. Diamond, Northwestern University; Samuel R. Gross, University of Michigan; Kent D. Syverud, Vanderbilt; and Stephen C. Yeazell, UCLA.  Respondents include Judge William H. Albritton III, U.S. District Court for the Middle District of Alabama; Brad Brian, Los Angeles; Elizabeth Cabraser, San Francisco; David Kendall, Washington, D.C.; and Judge J. Anthony Kline, presiding justice, California Court of Appeal.
• “Adjudicative Trends in Other Forums.” This session, moderated by Prof. Robert Sayler of the University of Virginia, includes discussion of papers from Professor Robert H. Mnookin, Harvard University; Brian Ostrum, Ph.D., of the National Center for State Courts; Thomas J. Stipanovich, president and CEO of the CPR Institute for Dispute Resolution; and Prof. Elizabeth Warren of Harvard.  Respondents include Chief Justice Shirley Abrahamson of Wisconsin; John Bouma, Phoenix; Dennis Drasco, Roseland, N.J.; and Sheila Thomas, San Francisco.
• “What Is Going On if It Isn’t Trials?”  Professor JoAnne Epps of Temple University will moderate a panel composed of Professors Stephen B. Burbank, University of Pennsylvania; Gillian Hadfield and Deborah Hensler of Stanford University; and Judith Resnik, Yale University.  Practitioners include James Brosnahan, San Francisco; Benjamin Civiletti, Baltimore; Gregory Joseph, New York; and Judge Gladys Kessler, U.S. District Court for the District of Columbia.

The concluding panel on Sunday morning, Dec. 14, moderated by Prof. Stephan Landsman of DePaul University, Chicago, “Consequences of the Decline” will feature presentations by Professors Stephen B. Butler, George Washington University; Theodore Eisenberg, Cornell University; Lawrence M. Friedman, Stanford University; and Herbert M. Kritzer, University of Wisconsin.  Practitioners responding include Ken McNeil, Houston; Patricia Lee Refo, Phoenix; Robert Rothman, Atlanta; and Judge William G. Young, U.S. District Court for the District of Massachusetts.

The “vanishing trials” report as well as white papers from the academics can be found at the Section of Litigation Web site: http://www.abanet.org/litigation/taskforces/cji/nosearch/home.html.

The ABA Section of Litigation includes approximately 74,000 trial lawyers, judges and others involved in all aspects of litigation and the dispute resolution process. The section is dedicated to promoting justice both domestically and internationally and enhancing public understanding of and respect for the legal profession.

The American Bar Association is the largest voluntary professional association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Note to Editors: Reporters are welcome to attend and cover any or all sessions for free.  For more information about the program or to arrange for press credentials, contact Darmea McCoy at 312/988-6140.  Registration for reporters will open on site at the Westin St. Francis Hotel on Friday, Dec. 12, beginning at 3:30 p.m.