On one thing plaintiffs’ lawyers and defense counsel can agree: The cost of litigation, particularly discovery, has become the driving force in settling cases, not the merits, according to results of a survey of groups representing both sides.
The joint survey released on Tuesday by the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System found that 83 percent of the nearly 1,500 lawyers responding found costs, not the merits of a case, the deciding factor in settling.
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