Although the overall percentage of cases filed actually going
to trial remains predictably low (around 2-3%, depending on where you’re
getting your data, the period covered, and type of case), this year has started
off (for us, anyway) with a trend we’ve seen before during times of economic growth.
I’m not going to get all analytical here, but it is noteworthy to those involved
in litigation and related services.
At just over halfway through February, we’ve had twenty
cases on our 2018 trial calendar, and nine have settled. Some of these have not
yet started trial, but that is a 45% settlement rate, or 55% of our cases have
gone or appear to be going to trial.
Compared to recent years where we have seen a lower volume
but higher “run” rate (around 80% in 2017), this seems to indicate that the use
of technology-driven litigation support services (e.g., trial presentation) have become the desired
or default method of presenting evidence. In other words, more trial teams are
bringing in qualified assistance earlier in the litigation, and not waiting
until the last minute, when all efforts at settlement or resolution have been
completely exhausted. I see this as a win for everyone – the trial team gets
some assistance and direction early on, the client gets the benefit of
additional preparation, and of course, the service provider benefits as well. Trials
are not won by intentionally limiting preparation.
Although this is certainly not a scientific study, I see our
little sampling as very encouraging and beneficial for everyone involved in
litigation – from the Plaintiff to the Expert Witness, attorneys and jurors.
Even the Court benefits when technology is properly utilized in trial,
shortening the length of a matter significantly.
I’ve heard many excuses over the years attempting to justify
not using technology (see Why
You Should NOT Use Technology in Your Trial), and we’ve all seen how
technology can reshape an entire industry (e.g., Uber, Lyft and Taxi Cabs).
Whether you hope to settle or try your case, it is always
advisable to plan for the best, and prepare for the worst.