Thursday, November 5, 2009

How many civil trials are there in Oregon

Most people, including most lawyers, are shocked by how few civil jury trials occur.  During the first part of a trial, where the attorneys ask potential jurors questions about their views, the attorneys will sometimes ask how many civil trials the jurors think there are in the county each year.  Jurors often respond that there are probably 1,000 or even 10,000 civil trials.  In fact, where we often try cases -- in Multnomah County and Clackamas County -- there are often only 40-60 civil jury trials each year.  That's about one trial a week in counties with hundreds of thousands of people.

In many ways, of course, the paucity of trials is a good sign.  The claims that aren't being tried are instead being settled -- to each side's satisfaction if not delight.  Studies have shown that most litigants regret having gone to trial.

But the disappearance of civil jury trials also has a negative side.  Many people settle cases not because they're satisfied with an offer but because going to trial costs too much -- especially if you need to pay experts to testify.  For those of us who respect the trial process, and especially the gathering of disinterested jurors to spend their valuable time deciding a dispute and helping their community, trials are one great civic exercizes.

There has been talk within the bar about simplifying some trials so that they're less expensive and more common.  We hope these reforms are made. 

Part of the concern is that with fewer trials there will also be fewer attorneys who know haw to try cases.  Incidentally, we've tried nearly 10% of the civil trials in the local counties during the past twelve months.

 

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