The Vanishing Civil
Jury Trial - In case you’re the only one who hasn’t noticed, there seems to
be a trend toward keeping litigation matters away from the eyes of a jury. This
means fewer trials in the courts, followed by fewer attorneys with trial
experience. Attorney Gary Gwilliam wrote about this in Plaintiff Magazine a few years ago.
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| The "Hot Seat" |
Although many cases are settling or going to arbitration, there
are times when an agreement simply cannot be reached. It’s not always a clear
argument of right and wrong. If it were, there would be no need to litigate. If
you have a good case, the fear of going to trial is not a good reason to
surrender.
In the ongoing Oracle v. Google matter, U.S. District Judge
William Alsup recently addressed the need for “the next generation of
practitioners” to gain courtroom experience, stating, “The court will
particularly welcome any lawyer with four or fewer years of experience to argue
the upcoming motions.” See: https://www.law360.com/articles/828058/google-oracle-should-let-young-attys-argue-judge-says
Experience is
Everything - Even with fewer trials to go around, Trial Presentation Consultants
and Trial Techs still find themselves in trial frequently – as it is their core
business. Like other professions faced with a shrinking market, this has caused
a refinement. While it might appear to be an attractive and lucrative business,
it is often difficult for the newcomer to get actual trial experience. As with a
good Trial Attorney, experience is everything. This results in the best rising
to the top, and getting the most work.
In-house or Outsource
- Although you might be comfortable handling your own technology or having
your paralegal take care of it in some cases, there are those clients with trials
that don’t justify using anyone without many years of courtroom technology
experience. Since it becomes a full-time job, many in-house litigation support
teams bring in help for complex and time-consuming matters.
Over the last 20 years, I’ve seen the whole in-house vs.
outsource idea come full circle. Once a luxury reserved for only the largest
firms, trial technology is now readily available to all. Although there are
options, only those firms with an unusually high amount of trial work should
need to hire full-time trial-support employees.
Costs and Vetting -
If you do decide to go outside the walls of your firm, a typical trial day can
run as much as $1500-$2000 or more, depending on the venue and who you’re
working with. This might come to around $10k per trial week. For a rough idea
on a two-week trial, adding some time for trial prep, you may be near $25k or
so.
That is a lot of money, and I would suggest performing a bit of due
diligence, beyond just clicking the first paid ad link you find on Google. I’ve
written a few articles intended to help in your vetting process:
The Greatest Asset -
One of the most important benefits of working together with someone who (especially
in these days of fewer trials) spends a great deal of time in the courtroom can
be their level of familiarity and confidence in the whole process. I have heard many times that the “calm” nature of a good Trial Presentation Consultant
was a greatly appreciated benefit. Please don’t hesitate to see how your provider
measures up, or ask us for an estimate on your trial.
Ted Brooks
Litigation-Tech LLC
Los Angeles, San Francisco
888-907-4434 Toll-free
2016 Best Courtroom Presentation Providers Award
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