Legal Profession Commons^™

The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal

Faculty Publications

This Article, by comparison, focuses on the implications of lack of trial experience for litigating lawyers. Does lack of trial experience affect the way lawyers function in litigation? Does it influence their performance as advocates? As negotiators settling cases? Does it affect adherence to existing ethical standards such as those regarding competence and conflict of interest? Can one expect lawyers to understand, respect, and adhere to the values of an ethical and legal system premised, as ours is, upon a process of adjudication lawyers seldom, if ever, experience? Do the answers to these questions yield any insight for guiding reform …