The number of trials, particularly civil jury trials, continues to decline. Since at least 2004, the American College of Trial Lawyers (ACTL) has expressed concern over the “vanishing trial.” Myriad reasons have been proffered for the decline in trials, including the costs of litigation, discovery, summary judgment motion practice, concern over unpredictable results with potentially disastrous consequences, renewed emphasis on arbitration and mediation, the focus of the courts on management and settlement, and others, all of which are open to debate. There has been little discussion, however, of the impact of fewer trials on the training of the next generation of trial lawyers.
The question for ACTL is not whether it should encourage mentoring but how to accomplish it. In order to identify effective development programs, we looked at what courts, law firms, and bar associations across the United States and Canada do to train new trial lawyers. This paper will share the suggestions and actual practices of leading law firms, experienced trial lawyers, trial and appellate judges, and bar associations for mentoring and training trial lawyers. We also make affirmative recommendations for ACTL, corporate counsel, and law firms for the development of effective mentoring programs, and coordination with professional organizations and the judiciary to ensure the availability of well-trained, committed trial lawyers reflecting the diversity of our nations.
Publish Date / Last Revised
October 29, 2024
Topic
- Professionalism
- Rule of Law
- Trial Advocacy
Resource Type
- Trial Advocacy Training
- White Paper
Audience Type
- Fellows
- General Public
- Judges
- Law Students
- Lawyers
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