"The single biggest need I see is for firms to focus on nurturing, valuing and hiring meaningful trial talent. There is a growing generational divide in the profession. When I came of age as a litigator, my mentors were seasoned trial lawyers who had come through the ranks trying dozens of cases a year. The industry has changed and those opportunities have dwindled."
"To say that most complex commercial and IP cases resolve before trial is an understatement. The statistics are stark. Depending on which resource you consult, figures show that 1% or fewer of federal and state court civil cases that don't settle are resolved at trial, down from anywhere from 5% to 20% decades earlier. Oftentimes the denial of dispositive motions prompts settlement."
Law firms face a widening generational gap as opportunities for courtroom experience decline. Trial exposure that once accompanied regular practice has become rare, with recent figures showing 1% or fewer civil cases reaching trial and many litigators lacking any trial experience. The scarcity of tried counsel reduces institutional trial competence and risks weakening advocacy in major IP and commercial matters. Litigation funders prioritize counsel who combine strong legal theories with the confidence and capability to see cases through verdicts. Firms should therefore prioritize hiring, nurturing and valuing meaningful trial talent to maintain trial-ready capacity and satisfy funder expectations.
Read at Above the Law
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