No mystery to me! I lived, practiced, as a solo practitioner in that era in federal and state courts, doing civil rights plaintiffs work in both Kansas Cities. Factors include the type of defense-firm judges appointed to the bench; amendments to the rules of practice; increased costs of everything; raising the burdens of proof in civil rights cases for plaintiffs above all others; the use of summary judgment instead of trial; it goes on and on and on; bottom line: civil rights were usually filed in federal court. The federal court became hostile to those cases, of which its docket primarily consist. Business interests swayed political balance and embittered the public sympathy against plaintiffs. And their defense lawyers squeezed us to death. Now, few indeed are those who do as I once did. The market won't bear it. I know!
http://www.abajournal.com/news/article/law_profs_find_an_astonishing_drop_in_win_rates_for_federal_plaintiffs/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email
Friday, July 7, 2017
PLAINTIFFS LAWYERS AND CLIENTS GOT IT BAD
No mystery to me! I lived, practiced, as a solo practitioner in that era in federal and state courts, doing civil rights plaintiffs work in both Kansas Cities. Factors include the type of defense-firm judges appointed to the bench; amendments to the rules of practice; increased costs of everything; raising the burdens of proof in civil rights cases for plaintiffs above all others; the use of summary judgment instead of trial; it goes on and on and on; bottom line: civil rights were usually filed in federal court. The federal court became hostile to those cases, of which its docket primarily consist. Business interests swayed political balance and embittered the public sympathy against plaintiffs. And their defense lawyers squeezed us to death. Now, few indeed are those who do as I once did. The market won't bear it. I know!
http://www.abajournal.com/news/article/law_profs_find_an_astonishing_drop_in_win_rates_for_federal_plaintiffs/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email