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18 Litig. News 1 (1992-1993)

handle is hein.journals/lignws18 and id is 1 raw text is: OCTOBER 1992 VOLUME 18, NUMBER I


Pilot Districts Bring Experimentation                   to the Courtroom
Task Force Report analyzes at! compares civil procedure rt-inr  plans
by Christine E. Sherry, As.vociate Ediior

C    rossing from one federal district to
another call have drainalic COlSetitClCCs
'or the way litigalors do btsiness.
In response to the Civil Justice Re-
form  Act of 1990, 34 pilot federal dis-
tricts have adopted indtividual plais de-
sigiied to redulic cist alnd delays ill
federal court. Now, the Section of I itiga-
tion lask Force on the CJ RA, co-chaired
by Braid D. Brian, Los Angeles, and Ri-
chard McMillan, Jr., Washington, DC,
has compiled I report analyzing atnd
cmtipariig the district plans.

li series of articles, tiis issue of'
Liti,qatou News will review various as-
pects or ihese district pilot progrants as
dcltailed in the TIask Force's Report. The
plaits will significatly aflect the way
liligators do busitess-allhough not tec-
essarily il the Same way in diflcrenli
parts of the country,
The Report was designed t )facili-
tate consideration by the remaining dis-
tricts of the various proposed solutions
described in plais issued to date. Ac-
cording to Brian, We waintcd to try it

assist those advisory groups who are
now formulating plaits, if they want our
views, t) provide ati easy road nllap ti
see what other districts are trying to do.
In tie Report, the Task Force sought
to categorize and analyze tie various
plans wilhoutl necessarily rachintg for-
inatiive judginetls as to the pros aid
coils of' comipeting. ail ill Soic cases
contlicling, Solutions adopted by the
various courts. The Report examitned
in detail how the plans compared with
(collibl:tttd oil Page 6)

Task Force Report:
Civil Justice Plans
Analyzed, Compared
l'agc 6-7
Special Insert:
Section Committees
Offer Opportunities
For All to Join

Symposium 'Verdict'
Supports Future
of Civil Juries
by Wiley E. Mayne. Jr.
Assoriate Editor
it the race of apparet criticism or
civil juries hboth within land outside the
judicial system, civil juries hound Muir-
prisingly robust support from i broad
cross section of some 200 lawyers,
judges, social scientists, and business
ail consumer represenlatives COlnvelned
101 tihe Syn1t1sioun otl the Fulure of the
Civil Jury System.
With such a diverse group, we really
expected imore debate on1 whether we
ought to have juries in civil cases, says
G. Marc Whitelicad, Minneapolis, Syan-
piositure Co.Chair. Instead, the group
nmoved fairly quickly to really vauable
discussion oil how Ihe jury systenl call
he improved. Working in sitall
breaukout groups, the Symposium altend-
ecs indicated strong support lrr use
ofljury comiprelhension imnprovlmlet
lechniques. (Please see rel.ated article,
page 3).
Co-sponsorid by ithe Section of Liti-
galion ald the Brookings Institution, the

Symposiumin brought iogether acaideittics
and trial lawyers, plaintiIfs and defen-
damts, aind judges and comunititications
experts. Fifticen pape.s ott topics ranging
from the history of the civil jury to the
reactions ofjurors injury service were
presented to lie group and formed the

basis for expert panel discussions. After
these presemnalions, the Symposium
participants convened in smll I discus-
sion groups for free-wheeling debate oni
Ihese issues.
While much of the criticism of juries
(confitmedI on page 3)

Oswald Trial Highlights Annual Meeting

Highlighted by tile Trial of tile
Century-flte trial of Lee Harvey
Oswald-and other prigraums rantging
fro't   accoumittatts' liability tIo clinlinaling
bias in the courlrootm, the Seection of
Litigation had it successful and well-
attended tmeeting at the recent A1iA
Atttal Meeting.
The Section's program, co-chaired by
Samuel R. Miller, San Francisco, and
Robert B. Pringle, San Francisco, was
attendcd by altost 3,(110 Section tuem-
hers. We tad at terrific eiting, says
Pringle, noting that miany of tle pro-
grains drew capacity crowds.
I'rogratts included sessiots oil ile
trend toward value billing by law
firms as they look for compelilive ways
to market their services, ai debate tti the
right ta privacy, and ait exalmination of

effective scttlcnctt and negotiation
techniques. Maty programs, Miller says,
featured tlic use of curreit techntlogy
Ilat is tiaking its way into litigation
Section metbers also heard the Lord
I ligh Chancellor of Great Britain, Lord
Mackay of Claslafern, speak ill at Section
luncheon oat the English Rule tf award-
ing attorneys' fees to prevailing parties.
Several otlier proigrans addressed pro-
posed changes It) the rules of civil pro-
cedure nlow under cotnsideration. which
include fee-shifting proposals.
As for tile Trial of tile Century,
Ilringle totes thait it etided in a hitng jury
aidler limited deliberation. 'rTe prograntm
had overflow crowds for the entire two
days of presentations and drew elti)-
sive media coverage. Ll


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