Vanishing Trials

In today's Boston Globe there is an interesting story about how difficult it is for young lawyers in the United States to get litigation experience. America has a reputation of being litigation happy, and most people think that automatically translates into an over abundance of actual court hearings. But according to recent data, the number of trials in the U.S. is declining drastically. According to the Globe piece:

Over recent decades, the number of courtroom trials has dropped dramatically in both federal and state courts, according to numerous national studies. Because of the high cost of going to trial, fear of unpredictable jury verdicts, and other factors, many cases instead are being resolved through settlements, mediation, and arbitration, which litigants often prefer to the emotional ordeal of going to court.

But the disappearing trial has created a troubling ripple effect for the legal profession: rapidly dwindling opportunities for lawyers to hone their litigation skills, resulting in a generation of young attorneys who have rarely -- if ever -- stepped foot in a courtroom.

The article goes on to note that based on 2002 numbers, only 1.8% of all cases filed in U.S. Federal Court actually go to trial!