Over the last decade, it has been a great pleasure to work with IAALS on efforts to improve our legal process and to change our legal culture. Chief Justice John Roberts devoted his recent “2015 Year-End Report on the Federal Judiciary” to a discussion of the groundbreaking amendments to the Federal Rules of Civil Procedure. The Chief Justice began with a description of the practice of dueling in the early 1800s and the public disgust with this means of dispute resolution that led to a wider use of the courts for resolving disputes. And, he alluded to a similar distaste for modern litigation practices characterized by “antagonistic tactics, wasteful procedural maneuvers, and teetering brinksmanship” for “wearing down opponents with creatively burdensome discovery requests or evading legitimate requests through dilatory tactics.” Clearly, there is growing recognition that we are ripe for a change in legal culture.
