TFP BLOG: A SDNY Judge's insight on the Future of Litigation

Tuesday, February 9, 2010

A SDNY Judge's insight on the Future of Litigation

I have provided a link to a prophetic article written by US District Judge Shira A. Scheindlin regarding the future of litigation, published in the NY Law Journal on February 5.

Judge Scheindlin addresses five changes to the practice of litigation and how they "affect the bench and bar: (1) jurisdiction; (2) pleading standards and case tracking; (3) vanishing trials and changing jury culture; (4) alternative dispute resolution; and (5) the impact of electronic communications on civil and criminal litigation."

Full text of the article can be accessed from the link below:

http://alm-editorial-us.msgfocus.com/c/13VlOzeoAUkg7SbEZM

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NYCLA DRAFT DEFINITION OF PROFESSIONALISM

By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others.

The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Professionalism requires adherence to the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-informed and objective advice.

Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.