ACTL Litigation Survey Finds "Serious Flaws" in US Civil Court System

A new survey from the Institute for the Advancement of the American Legal System (IAALS) and the American College of Trial Lawyers (ACTL) finds serious flaws in the US civil court system.  According to ACTL Task Force Chairman Paul C. Saunders, “the costs and burdens of discovery are driving litigation away from the court system and forcing settlements based on the costs, as opposed to the merits.” IAALS Executive Director and former Colorado Supreme Court Justice Rebecca Love Kourlis concurred noting, “millions of Americans seek the services of our courts every year—whether on an individual basis or on behalf of a business—and far too many walk away from that experience feeling that the system has let them down.”

Key findings in 2008 Litigation Survey of Fellows of the American College of Trial Lawyers include:

• The U.S. discovery system is broken;
• Electronic discovery was repeatedly described as a “morass” and 87% of respondents believe that form of discovery is too expensive;
• The broad legal system—while not broken—is in need of substantial repair; deserving cases are not brought because they fail a rational cost-benefit test (85% believe litigation in general and discovery in particular are too expensive);
• Litigation costs drive some cases to settle that should not settle on the merits (83% of respondents);
• The discovery and perhaps other portions of the Federal Rules of Civil Procedure are not conducive to meeting the legal system goals of “just, speedy, and inexpensive” resolution of disputes (65% of respondents); and
• Judges should assume a stronger leadership role from case start-to-finish (89% of respondents)

[RJ]