Stepping into the void and preserving the jury trial

Last year was dubbed the "Year of the Woman" because of seismic changes that occurred throughout the world as a result of the #MeToo and TIMES UP movements. From casting couches in Hollywood to the hallowed halls of Congress in Washington D.C., women suddenly found their voices. In California, the passage of new laws now require that at least one woman be on the board of directors of all publicly traded firms located in the state, and a record number of women were elected to the legislature. We even saw the first woman be elected as our lieutenant governor. At long last, it seemed as if women would finally achieve gender equality.

But what about in our courtrooms? It is now time for women trial lawyers to seize upon this momentum and claim our seats at counsel table. The entire legal profession -- comprised of lawyers, law firms, judges, legal organizations and clients -- should do more to ensure that these bright, talented and motivated women lawyers are actively involved in promoting justice and advancing the legal profession. Every study to date has concluded that diversity and the inclusion and promotion of women enhance the performance and productivity of any organization. And research has also shown that the presence and inclusion of women raises the standards of ethical behavior and lowers corruption.

Women trial lawyers must realize that they have considerable power -- because we are unique. We have a different set of skills, and a unique arsenal combining focus, drive, emotions, passion, organization, attention to detail, sensitivity and instinct that male attorneys could never have. We have the ability to see cases differently. And our mere presence at the podium in a courtroom instantly captures the jury's attention because we stand out. What we do with that attention can determine our fates and the outcome of our cases. By defying and exceeding expectations, being confident and reveling in our uniqueness, we can be extraordinarily effective.

Because here is an important, indisputable fact that gives women attorneys our "super" power: Even though the number of women trial attorneys may seem disproportionately low, the numbers of women jurors and clients are not. Simply put, the latest census data confirms that there are more women than men out there. Juries are now often comprised of more women than men. And women respond to other women. Never underestimate the power of women supporting each other; the tribe of sisterhood creates a formidable bond even in a courtroom. So, TIMES UP for plaintiffs' attorneys in 2019. It is finally time for women to take advantage of this trend and assume their places at every courtroom table.

But will there be trials in those courtrooms? Not unless something is done to halt the disturbing trend in our courts. Prior to severe budget cuts and the sweeping changes effectuated in 2013 at the Stanley Mosk Courthouse in Los Angeles, our trial courts were governed by the "Fast Track" system and the Trial Court Delay Reduction Act of 1986 (Government Code Section 68600 et seq.). Under this system, it was the judges, and not the trial lawyers, who assumed and maintained active control over the progress of all litigation. In their hands, cases moved quickly and trial dates were taken seriously. The goal was to have the vast majority of all cases to be disposed within a year of filing a complaint, and all cases disposed of within two to three years (for complex cases). And judges took pride in meeting these goals. Most importantly, plaintiffs' attorneys could provide their clients with swift justice. During this time period, the California court system was one of the largest and most admired systems in the nation.

After brutal budget cuts, the reduction of staff, and the closing of courthouses, the Personal Injury Hub was created in Stanley Mosk, and by necessity, the control of litigation went back into the hands of trial counsel. Over the last few years, multiple trial continuances have been stipulated to or sought and liberally granted, creating a backlog so large that no courtrooms are available on assigned trial dates. The unavailability of hearing dates for motions causes even more delays. In the hub, judges will not take the bench for motions brought on an ex parte basis. And as the years pass, many trial lawyers end up racking up more costs, and cases become too expensive and too large to sustain until trial. Some of these lawyers and their clients will choose to settle their cases rather than endure years of motions, discovery, and trial preparation. The end result is that jury trials, the cornerstone of our democracy, are disappearing at a disturbing rate. For this reason, some legal scholars have opined that our court system is on the brink of a constitutional crisis.

In the last few years, our clients, who have already suffered and been through so much, have been devastated to learn that their trial date is repeatedly continued again and again. In one of our cases, defense counsel moved for and received, over our strenuous objections, six different continuances -- and the case still has not been tried. In the four years that have transpired since the complaint was filed, one of the two plaintiffs died. In her case, justice delayed was truly justice denied.

The Trial Court Delay Reduction Act of 1986 was enacted to address similar issues and a disturbing backlog of cases. We need to work together to once again get California on a fast-track court system.

So for me, the top issues facing plaintiffs' attorneys in 2019 are finding ways to encourage women trial lawyers to realize their potential in our courtrooms -- and to ensure that there will be timely jury trials for them to try once they get there. 