The Truth On Trial

Lately a certain law firm that shall remain nameless has been running virtually nonstop radio ads which appear to be directed toward scaring people into choosing that law firm because it impliedly has the "financial resources" and "trial experience" that others do not. The ads do not mention that, contrary to a popular myth that can easily be exploited to obtain clients, the reality is that most cases are not tried to a verdict in front of a jury.

The most recent trial statistics from the Florida State Court database indicate that about 2.2% of all negligence cases filed in circuit court (which includes most serious personal injury claims) are tried to a verdict during a jury trial. The vast majority (97.8%) of negligence cases are disposed of by other means, such as a non-jury trial, settlement, defaults, motions to dismiss, or motions for summary judgment. These statistics are no secret, and lawyers representing both plaintiffs and defendants are acutely aware of this fact.

There is certainly nothing wrong with advertising the services offered by a law firm, but clients should not be led to believe that there is a significant likelihood that the client's case will actually go to trial because that simply is not true. Law firms and lawyers must prepare a case as if it will go to trial because it might go to trial. This is why we do not accept cases for "settlement value" or "nuisance value," and do not file an action unless we believe that we can prevail at trial. We believe that filing "nuisance suits" would diminish the credibility of our firm, and adversely impact every subsequent client that we represent.

The truth is that any lawyer should be prepared to try a case if it cannot be resolved. We approach every case as if the merits of the case will be decided by a jury, and welcome the opportunity to present our clients' case to a jury because we believe that our client will prevail. But it is an inescapable fact that any given significant negligence case is 44 times more likely not to go to trial than it is to go to trial. This is important information that clients should have when making decisions about their case, including choosing their lawyers. Radio ads that suggest otherwise are a disservice to our profession and, most importantly, to the clients we serve.

Source: http://trialstats.flcourts.org/
Period: June, 2006 through June, 2007 (latest full year available)
Courts: Circuit Civil

	Prof. Mal.	Prod. Liab.	Auto Neglig.	Other Neglig.	TOTAL	% of Total
Cases Filed	1,296	800	21,082	12,938	36,116
Dismissed Before Hearing	330	224	7,920	3,713	12,187	33.7%
Dismissed After Hearing	846	337	8,209	6,359	15,751	43.6%
Disposed by Default	3	0	410	68	481	1.3%
Disposed by Judge	285	823	1,958	1,375	4,441	12.3%
Disposed by Non-Jury Trial	6	2	32	33	73	0.2%
Disposed by Jury Trial	116	9	390	278	793	2.2%
Other	60	870	527	560	2,017	5.6%
Total Cases Disposed	1,646	2,265	19,446	12,386	35,743	99.0%

Florida Aviation Trades Association Selects The Anderson Law Firm as General Counsel

The Anderson Law Firm announced today that it has been selected by the Florida Aviation Trades Association (FATA) to act as FATA General Counsel. The FATA is an aviation trade group that has been actively promoting and protecting the rights, interests and development of Florida’s aviation industry since 1946. Attorney Daniel Anderson said that the firm is honored to be selected by such a prestigious aviation organization that is known throughout the state of Florida for its consistent and effective advocacy on general aviation issues.

"We're delighted to be able to support the important work of the FATA and its members and look forward to being involved in future FATA activities," Anderson said. Anderson noted that he had been working with the FATA during his tenure as a partner at his former law firm, Forizs & Dogali, P.L.. Anderson said the previous representation involved two legal cases potentially affecting FATA members in which he filed briefs on behalf of the FATA as amicus curiae, or "friend of the Court." According to Anderson, the two cases, Nolte v. Paris Air and Nolte v. Sun Aviation, were resolved in favor of FATA's members and against the property appraiser for Indian River County, Florida.

"The assistance we provided to FATA in the Sun Aviation and Paris Air cases is a great example of the cost-effective legal services we provide to non-profit trade groups that do not have the multi-million dollar budgets of the national associations," Anderson said. Anderson is a former Washington lobbyist and executive director of a national aviation trade group representing helicopter and airplane tour operators at Grand Canyon, Alaska, Hawaii, and New York.

"I hope to provide nonprofit trade groups and their members with the kind of legal support that we desperately needed when I was in Washington," Anderson said. "We did our best to serve our members, but we simply could not afford the rates charged by law firms inside the beltway," Anderson added. Anderson said that he plans to represent nonprofits through AmicusAppeal, a subdivision of his firm created for the sole purpose of providing representation at the appellate level on issues important to trade groups and their members.

"My guess is that there are other executive directors who are, like I was, faced with the difficult challenge of serving the needs of their members while working within a limited budget," Anderson said. "I know how that feels, and I hope to be able to help them meet those demands," Anderson added.