This column suggests three areas that the practicing bar, in conjunction with state and federal government leaders, should address in 2024.

The Disappearing Trial Lawyer

The trial lawyer, especially in the civil litigation practice area, is disappearing. There is very little effort on the part of civil law firms to train experienced trial lawyers. Many firms use “there are so many settlements that there is little need to continue to train trial lawyers” as an excuse. This is nonsense. In our common law court system, there is always the need to speak out and contest the opponent’s position, and cross examine the opponent’s witnesses. This trial skill requires more than classroom study to perfect. Training a trial lawyer is very much like training a bullfighter. To really learn the skills of their unique trade, the bullfighter and trial lawyer must go into the bullring or the courtroom and fight the bull or cross-examine witnesses. This training requires actually handling cases in a trial forum. That is the only way to train trial lawyers.