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% |
