Friday, October 13, 2006

Daubert's Infiltration into Law Offices

Herbert Kritzer (U. Wisc., poly sci) offers one of his patented get-your-hands-dirty studies, this one of the culture and impact he observed within law offices practicing evidence and insurance-defense law (after Daubert had redefined admission of scientific evidence).  It's on SSRN as a torts piece.  Maybe I find myself recommending it here more from my evidence/torts teaching sides than my legal ethics one, or just because I admire Bert's law-and-society work.  But I note that his focus in it is on the impact within legal practice decision-making and the litigation process, not the usual collection of "court results in recent cases applying Daubert," so I'd say it relates to some "legal profession" (if not legal ethics) aspects of this important evidence case.  Regardless, full abstract after the jump.  [posted by Alan Childress]

Bert's abstract on SSRN:

The U.S. Supreme Court's pronouncements on the
standards that should govern the admission of scientific and
other expert testimony, what is commonly referred to as the
Daubert Trilogy, has produced substantial legal commentary and a
growing body of empirical research. Most of that research focuses
on decisions by courts on Daubert challenges; while there is some
speculative discussions on the broader impact of Daubert, there
is minimal empirical research assessing the impact of Daubert
more broadly on the litigation process. Drawing on a combination
of observation in a law firm and a series of interviews with
practitioners, this paper describes the process of decision
making about Daubert related issues. The conclusion drawn from
the analysis is that Daubert has become a routinized aspect of
the litigation process in a range of cases, few of which deal
with the kind of controversial or innovative science at the heart
of the original Daubert case.

The article is entitled Daubert in the Law Office:  Routinizing Procedural Change.

Abstracts Highlights - Academic Articles on the Legal Profession, Law & Society, Law Firms | Permalink

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