“Boom” might be too strong a word but the latest Hildebrandt International Peer Monitor index indicates that litigation demand increased by 1.8 percent during the first three quarters of 2009 compared to the last three quarters of 2008. The index, released earlier this week, tracked demand for legal services, attorney productivity, billing rates and direct and overhead expenses at large and midsize law firms.

The findings seemed to substantiate a 2009 litigation trends report released on Oct. 15 by Fulbright & Jaworski. That firm surveyed corporate general counsel and found that 40 percent expected litigation to increase during the year ahead. Conventional wisdom holds that litigation surges in tough economic times, yet litigation has held fairly steady during the past year, largely because clients have been reluctant to spend money on lawsuits.