Oklahoma Trial Lawyer Provides Training to Help Other Lawyers Achieve Greater Results
Nationally, less civil injury claims are going to trial than ever before.
As more cases are going before arbitrators, mediators and other types of neutral non-judicial boards and panels, many attorneys – even those with decades of experience handling injury claims – simply are not getting the courtroom experience they need to effectively represent clients.
In 2016, Harvard Law Review reported on the rapidly diminishing number of cases that go to trial, arguing that the civil jury trial is quickly “going extinct.”
And it’s true. Ask any experienced judge or trial lawyer, and they’ll say the same thing. Younger attorneys just aren’t getting the experience these days, leading to poor outcomes for plaintiffs who have genuine claims that need a jury to help resolve their cases.
As Roger Dodd, a nationally-recognized trial lawyer, puts it, “when injured people can’t present their cases to a jury, the defense wins.”
The fact is, the jury system is uniquely American and allows the people of a community to decide what is tolerable and what is not. It lets the people, not the big corporations, decide the value of human life and what types of risks will be allowed and what types of conduct will be permitted.
Another big factor that has led to the decline in jury trials is the expansion of federal and state laws that directly prohibit people from getting their day in court.
For instance, since 1925, the Federal Arbitration Act (FAA) has allowed big companies to force people into mandatory arbitration agreements. Most people don’t even realize they are waiving their Constitutional rights when they go on a cruise, buy a new cell phone, or download a smartphone app. Even many health providers nowadays are putting these mandatory arbitration agreements in admission forms. Courts are often compelled to enforce these contractual agreements, even in situations involving serious harm to the public.
Rather than defend the merits of lawsuits, large corporations and their insurance carriers now resort to avoiding the problem altogether.
They prefer to simply removing these disputes from the public eye and putting them in the hands of private companies. Many of whom receive large sums of money to decide cases. Often without any reliance on evidence and without the same legal procedures in place. Ultimately, well-trained and experienced trial lawyers are the last defense against this dying jury trial system.
To help attorneys all over the country build their trial skills and better represent injured people and their loved ones, Roger Dodd has spent much of his career not only representing clients, but teaching other attorneys to be better advocates for justice. For attorneys seeking advanced skills, real-world trial experience, and hands-on education, Oklahoma-based trial lawyers, Dodd & Henry, offer continuing legal education (CLE) courses for trial lawyers. As Dodd puts it, “there is simply no substitute for experience in the courtroom. Younger attorneys and experienced practitioners alike can benefit from hands-on CLE training focused on building trial skills. It gives the attorney more confidence to say no to bad offers and push for real justice for clients.”