“Clients are exposed to the disciplines of the market. Why shouldn’t trial lawyers face the same sort of scrutiny?”
That is my opening abstract for my article, A Marketplace Trial. American Lawyer Magazine published it in its Fall 2003 The Future of Litigation.
In it, I discuss the idea of bringing discipline to litigation by rating law suits much the way Moodys or S&P rate bonds. From that I idea, I leap to discuss a market for hedging lawsuits.