Wednesday, October 26, 2016

Will My Case Go to Trial?

Originally published by Brandee Bower.

This question is asked of me in every meeting with a potential client. Unfortunately, I do not have a crystal ball that permits me to definitively respond to that question. However, I have faith in statistics, and in Colorado the answer to the question is that a case will probably not proceed to trial. Approximately one percent (1%) of filed cases go to trial. However, someone must be that one percent, right?
I recently attended a scheduling conference in a federal court matter and the Judge asked the attorneys—namely me—what the likelihood was this particular case would be tried. I responded that based on statistics it was very unlikely that it would go to trial. He then told us about the statistics that the federal court keeps on this topic:

The Judge narrowed the statistics to the insurance cases tried in 2015. Of those, nine cases went to trial on breach of contract and bad faith causes of action. The average length of trial was 4-7 days. Of the nine cases in…


Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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