Fall 2018 Gavel Gavel Fall 2018 | Page 12

Without that technology, lawyers had to communicate with clients, other lawyers, and the courts by snail mail, land line telephones, or face-to-face. There was no electronic service or filing of documents and no ability to retrieve statutes or court decisions or a plethora of forms electronically with a key stroke while sitting in front of a keyboard in one’s office or on a laptop at home in bed. The good news is the electronics allow one to work from anywhere there is an internet connection and be in constant contact with one’s office. The downside is one is never really free of the workplace or contact from clients or other lawyers. Growth in Numbers and Demographic Change In 1968, there were approximately 300,000 lawyers in the United States and, in 2018, there are approximately 1.34 million lawyers. In 1968, there were approximately 703 licensed lawyers in North Dakota and, in 2018, there are 2,924 licensed lawyers and about 1,686 of those reside in North Dakota. In 1968, there were few women in law school and consequently there were few female lawyers or judges in North Dakota or the United States. In North Dakota, the first female Supreme Court justice was Beryl Levine, who served from 1985 to 1996, and was then followed by Mary Maring, Carol Kapsner, and Lisa Fair McEvers. The first female state district court judge was Cynthia Rothe Seeger in 1975. In the early 1970s, less than five percent of lawyers and judges were female and that has changed so that it is now estimated one-third or more of the lawyers and judges in the United States are female. The North Dakota Supreme Court started hiring law clerks in 1965, and Christine Hogan was the first female law clerk and was hired in 1975. The State Bar Association of North Dakota (SBAND), of which I was president in 1985-86 and from which I received the association’s Distinguished Service Award in 2008, was formed in 1899. It was not until 1996 that Rebecca Thiem was elected the first female president. However, in the 22 years since her presidency, SBAND has had 10 female presidents. Advertising Advertising lawyer services was not allowed until 1977, when the U.S. Supreme Court in Bates v. State Bar of Arizona invalidated the ban on advertising on First Amendment grounds. Now TV, internet, radio, 12 THE GAVEL billboard, phone book, YouTube, and direct mail ads about lawyer services are found everywhere. Some of these modes of advertisement are very professional and some are very tacky, and some are very expensive and some are very inexpensive. Further, most law firms now have a website which provides all of the relevant information about their firm and the service they perform. Litigation Practice Discovery in the pre-computer age required drafting, dictation, and typing of interrogatories, requests for production of documents, and requests for admission of certain facts. These documents then tended to be very case specific. But today, in the computer age, the competing litigators often take full advantage of the large volume of forms they can access on the internet and flood their opponent with useless and repetitive questions, requests, and objections. This abuse has thankfully resulted in the courts enacting some rules restricting the number of questions and requests that can be made, but there still tends to be abuses which waste time and are costly to a client. With the internet, there is almost certain to be a request for the metadata related to any relevant documents involved in the case. Further, in many personal injury cases, there will certainly be an investigation of any litigant and any potential witness which will include a thorough review of any and all social networks where the party or witness may have done or said something which may be inconsistent or contrary to their claim in the case. Depositions are now routinely videotaped and are often used at trial rather than calling the witness in person. Jury Trials, Mediation, and Arbitration The number of cases that are actually tried to a jury are growing smaller as there is greater interest in resolving cases through a process of mediation or arbitration. I frankly prefer presenting the cases to a jury and have, in the nearly 200 jury cases I have tried, found that nine or 12 persons randomly selected, in the vast majority of cases, come to a just conclusion. Mediators simply want to cut the baby in half, collect their fee for the mediation, and go home. Arbitration processes are, in my experience, not in the best interests of an individual who is in a dispute with a company over some issue, which explains why many contracts involving large companies have mandatory arbitration clauses in them.