Is the Golden Age of Trial Attorneys Over?

, The Legal Intelligencer

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With a greater number of cases being resolved outside of court, some attorneys say that there are fewer opportunities for civil trial lawyers to achieve their full potential.

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  • Publicus

    More cases are being settled because it is not economically efficient to try them, especially the so-called "smaller cases" like fender-benders and slip-and-falls. Liability insurers that employ the computer software evaluation programs have brought that on. Additionally, discovery abuses by defense firms to maximize billable hours for partner draws have made insurers more receptive to settling before a massive discovery campaign rather than afterwards. Medical malpractice cases may be ultimately sacrificed when the public wants cheaper health insurance, especially in light of the massive premium increases rolling out with implementation of the ACA. A smaller trial bar may not be all that bad, especially if it results in eliminating those cases that would never have even been filed save for the glut of underemployed and unemployed attorneys who will take ANYTHING and hope to squeeze some nuisance-value money out of it.

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