Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.
Lawyers' Ethics Beyond the Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, and Privatized Processes,
85 Fordham L. Rev. 1899
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss5/24