Report From Senior Litigators Proposes Dramatic Changes To The Discovery Process

Last week, the American College of Trial Lawyers (ACTL) and The Institute for the Advancement of the American Legal System at the University of Denver issued a final report that proposes dramatic changes to the federal and state court systems. The report is based on surveys sent to the 3,812 Fellows of the ACTL who were not judicial, emeritus, and Canadian Fellows, and who could be reached electronically. The response rate was a remarkably high 42 percent. On average, the respondents had practiced law for 38 years.

Twenty-four percent of the respondents represent plaintiffs exclusively, 31 percent represent defendants exclusively and 44 percent represent both, but primarily defendants. Because of the pro-defense bias, some of the recommendations, particularly in the area of electronic discovery, reflected frustration with the costs of preserving and producing electronically stored information. In other areas, primarily involving dispositive motions, no consensus could be reached. However, in most areas, both the plaintiffs’ and defense bar expressed the need for dramatic reform, and reached consensus regarding how to accomplish the necessary change.

Most of this article summarizes the 35-page report using the report’s own words. This summary does not include matters that are already routinely applied to California state courts, since these would not represent a change for most of our readers. This article also does not focus on the various recommendations that would require dramatic increased funding for the courts. The report notes that “These Principles call for greater involvement by judges. Where judicial resources are in short supply, they should be increased.” Perhaps this author is being defeatist, but legislatures have heard this comment for years. Current economic woes and government deficits are not likely to encourage changed funding anytime soon.

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Source: expertclick.com