Respond substantively to at least 2 of your classmates with a minimum of a 1-paragraph response to each person. In this case, “substantive” means that your focus should be on the following:

• Your agreement or disagreement with your classmates’ conclusions about whether a litigation explosion has occurred recently (over the last 2 decades)
• Whether you agree or disagree with your classmates’ positions on how court administrators are affected
• Additional thoughts stimulated as a result of points made by your classmates

Student paper down below:

What does it mean that there is a “litigation explosion,” and is this accurate?

It has been argued by many scholars and there is evidence to support the claim of a litigation explosion. So what exactly is the term litigation explosion referencing? In simple terms, litigation explosion is referring to the overwhelming number of lawsuits that end up in civil courts and occasional result in criminal charges being filed in the trial courts. Some examples are that of healthcare providers being sued for malpractice, vehicle manufacturers sued for faulty equipment, or even homeowners being sued for someone who injures their self on the homeowner’s property. These types of litigations occur every day. As a matter of fact, estimates report that over 50,000 lawsuits are filed every day of the week! Some say this is because of money-hungry lawyers while others say that it is because of our lack of settling anything outside of a courtroom. I can certainly see both sides of this. This can certainly cause a strain on both court systems. Litigation can go on and on as the attorney’s look for whoever has the deepest pockets that can get them and their client paid. Someone who may not even have any knowledge of the event that someone is seeking litigation for can end up being sued because they have been tied to the defendant named (Online Legal, n.d.).

Are more cases being settled before coming to trial through a variety of mechanisms?

Recent studies show that approximately ninety-five percent of lawsuits are resolved under pretrial agreements. To paint this picture even more clear that is about one out of twenty cases that ever makes it to a jury trial or is resolved by a judge. This could be for a variety of reasons. Some argue that it is because of the lack of defendants strong evidence to defend themselves against a frivolous lawsuit. Others believe this is a result of the plaintiff’s attorney building a solid case during pretrial times that would compel a defendant to agree to set terms prior to the case being heard by a judge or jury. Another interesting fact is that ninety percent of cases of personal injury that make it to a jury trial tend to resolve to benefit the plaintiff who filed the lawsuit (The Law Dictionary, n.d.).

How does this “explosion” or the changes to how disputes are resolved affect court administrators?

With the influx in the cases that result from the litigation explosion, comes high volume dockets that administrators must deal with. This presents challenges for everyone involved in the process to include the plaintiffs, attorneys, and judges. Some common challenges that must be addressed are inadequate service, insufficient litigant information, overcrowded and confusing courtrooms, lack of explanations concerning the role of the plaintiff’s counsel, and self-representing litigant difficulties during the trial (“Problems And Recommendations For High Volume Dockets,” n.d.). With all of these cases being presented, it is easy for a court to make a mistake or overlook minor details. Court Administrators must be planning for and mitigating the chances of this occurring. If it does occur it can challenge the court’s legitimacy and lose its credibility.

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