Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Where Have All the Jury Trials Gone?
February 11, 2010
As EDD folks know, computer forensics experts rarely go to trial.
We were closely questioned by a paralegal about the CVs of our testifying experts and why they didn't show more trial trial testimony. We had to explain that, for every 100 open cases, only one is likely to go to trial – if that. Depositions and hearings – those happen commonly – but not trials. The civil cases generally settle somewhere along the way and the criminal cases usually result in a plea bargain.
Sometimes, the cost of litigation causes a party to settle – or not to file suit at all.
This phenomenon has particularly affected jury trials, which have steeply declined. In our state of Virginia, civil jury trials have dropped an astonishing 72% from 2,042 in 1999 to 570 last year according to Virginia Supreme Court statistics. This is a nationwide trend that legal experts call the "vanishing jury" and it is evident in both state and federal courts.
Most experts agree – the reason is the cost. Jury trials are far more expensive than judge trials – and they often are likened to a toss of the dice, without any guarantee other than that they will be very, very expensive. The civil case load overall remains steady, averaging a little more than 100,000 per year. It is clear that judge trials are becoming the preferred mode of trial.
This is quite a departure from times past. As one veteran attorney put it, "The old guys used to try dozens and dozens a year – jury trial work is becoming a lost art." Not to worry though, it makes good theater, so Hollywood will keep the magic of the jury trial alive.
Listen to the Podcast
