June 24, 2010
Federal Judicial Center Reports on SSRN
Emery Lee & Thomas Willging of the Federal Judicial Center have posted on SSRN three reports that may be of interest:
(1) Attorney Satisfaction with the Federal Rules of Civil Procedure: Report to the Judicial Conference Advisory Committee on Civil Rules. From the Executive Summary:
This report provides a brief comparison of the results of three surveys on the current operation of the Federal Rules of Civil Procedure (“Rules”). These surveys asked attorneys in the American College of Trial Lawyers (“ACTL”), the American Bar Association Section of Litigation (“ABA Section”), and the National Employment Lawyers Association (“NELA”) to respond to a series of statements regarding the Rules. The Federal Judicial Center (“FJC”) did not administer the ACTL survey, but it did administer the ABA Section and NELA surveys. Respondents in the ACTL survey had many more years of practice, on average, than respondents in the other surveys.
(2) Litigation Costs in Civil Cases: Multivariate Analysis. From the Executive Summary:
This report presents the results of multivariate analysis of factors associated with litigation costs reported in a national, case-based survey of attorneys of record in federal civil cases terminated in the fourth quarter of 2008. Separate models were estimated for plaintiff and defendant attorney respondents. Both models explain a large proportion of the variation in litigation costs.
(3) In Their Words: Attorney Views About Costs and Procedures in Federal Civil Litigation. From the Executive Summary:
The Advisory Committee on Civil Rules (“Committee”) of the Judicial Conference of the United States asked the Federal Judicial Center to study the costs of federal civil litigation. In the spring of 2009, the Center conducted a survey of a random sample of attorneys who had represented the plaintiff or defendant in a set of federal cases that had been terminated in the last quarter of 2008. The Center presented the results of that survey to the Committee in October 2009.
The Center also performed a multivariate analysis of the case-based survey results, identifying the variables that explain variations in attorney estimates of the costs of civil litigation in their cases. To supplement the multivariate analysis, District Judge John Koeltl, chair of the Planning Committee for the May 2010 Litigation Review Conference at Duke Law School, and the Center agreed that it would be useful for the Center to interview a number of the attorneys who responded to the case-based survey. The purpose is to present attorneys’ general experiences and thoughts about the factors found to be associated with the costs of litigation. Interviews help explain and illuminate the quantitative findings presented in the other two reports. This report documents those interviews, organizing them where possible to track the results of the multivariate analyses of the Center’s case-based survey....