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November 3, 2009
Dear Fellows:
More than two years ago, the Institute for the Advancement of the
American
Legal System (IAALS) and a Task Force of the American College of
Trial
Lawyers (ACTL) undertook a joint initiative to identify perceived
problems of cost
and delay in the U.S. civil justice system and to develop possible
solutions.
Phase one of the project began with a comprehensive
examination of the history
of the Federal Rules of Civil Procedure and past attempts at reform, as
well as a
review of earlier cost of litigation studies. At that juncture, our
organizations
determined that it would be beneficial to expand the base of existing
empirical
research and we conducted a survey of 3,800 members of the ACTL in the
fall of
2008. The respondents - veteran attorneys representing plaintiffs
and
defendants across the country - overwhelmingly agreed that the broad
legal
system, while not broken, is in need of substantial repair.
Phase two of the initiative focused on the
development of a reform framework –
29 Principles - designed to address many of the problems identified in
the ACTL
survey and in previous research. Some of the proposals suggested a
major
re- examination of the way discovery, pleading and judicial case
management is
conducted in the United States. More broadly, the recommendations
encouraged
abandonment of the traditional "one size fits all" application of
uniform
rules to all cases, irrespective of nature and scope of the case.
Instead, we encourage
flexibility in applying specialized procedures to some cases in order to
promote more
efficient and affordable outcomes.
It was our hope that the release of the ACTL survey
and Principles would prompt
an energetic, national conversation about legal system problems and
solutions.
Based on the response we received from judges, lawyers, scholars and
policymakers around the nation, the dialogue over these important issues
has
indeed been reinvigorated.
Today, we are pleased to release A
Roadmap for Reform: Pilot Project Rules
- rules derived from the Principles - that can be implemented by any
jurisdiction
with an interest in piloting civil justice system reform. The Pilot
Project Rules are
a joint product of IAALS and the ACTL and have been approved by the
College.
Also enclosed is A Roadmap for Reform: Civil Caseflow Management
Guidelines, a publication solely developed by IAALS; it was
developed to provide
judges with additional tools to facilitate the oversight of cases with
greater
efficiency. Measurement tools to monitor and evaluate the results of
pilot
projects that implement these protocols will be released by IAALS later
this year.
Please don't hesitate to let us know if you would like additional hard
copies of
these publications. Or, please visit our websites at www.du.edullegalinstitute
www.actl.com to learn more about this
initiative and to download electronic
copies.
We have already received word from a handful of
courts that they are interested
in undertaking pilot projects, and we anticipate that we will hear from
many more
in the coming months. In reviewing these publications, we hope that you
will
contact us to discuss these crucial issues. A unique window of
opportunity has
opened. The will to reform the civil justice system that we all love has
never
been stronger. We hope that you will join us on this exciting path.
Sincerely,
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