Where Will Your Legal Education Take You?

Graphic by Alondra Pulido

Although many law students interested in pursuing a career in civil litigation focus heavily on trial advocacy and litigation coursework, more than 95% of civil cases do not go to trial. In most civil litigation cases, the settlement involves the winning party receiving money from the losing party, though monetary compensation is not always the result. For these reasons, students interested in pursuing civil litigation should also take coursework in alternative dispute resolution, mediation, and negotiation in addition to coursework in litigation and advocacy.

The majority of civil cases that emerge in the modern American judicial system are those revolving around torts and commercial contract disputes. In a study of the civil caseloads of state courts, approximately two-thirds were contact cases. Within these, the most common contract disputes involved either debt collection or conflicts between landlords and tenants. In regards to torts, some of the most common cases involve automobiles, medical malpractice, toxic substances, and premises liability. Civil litigators may specialize in any of a wide range of areas or may work more broadly.

In recent years, there has been concern that the civil justice system is becoming increasingly privatized. In response, a number of state and federal courts have adopted reform efforts to address problems within the discovery process. However, these reforms have done little to reduce the cost and time of taking a case to court. As a result, legitimate claims may never be legally enforced because it is not economically feasible for the litigants to pursue them. Additionally, in a large portion of civil litigation cases at the state level (76%) at least one party is self-represented, which is troubling as much of the civil justice system is designed under the assumption that both parties will be represented by attorneys. It is therefore important that attorneys in the field devote time to pro bono civil cases. 

Photo by Scott Graham on Unsplash

• Civil Litigation [University of Kansas School of Law]

• What is the Settlement Rate and Why Should We Care? [Theodore Eisenberg & Charlotte Lanvers, Journal of Empirical Legal Studies (2009)]

• What Is Civil Litigation and How Does It Work? [Heban, Murphree, & Lewandowski LLC (2019)]

• Five Common Types of Civil Cases [Brent George Law (2015)]

• Choose Your Litigation Practice Area for 3Ls [ABA]

• Civil Litigation Management Manual (Second Edition) [The Judicial Conference of the United States Committee on Court Administration and Case Management (2010)]

• Mediation Clinic [University of Washington School of Law]

• University of Washington School of Law Faculty:

  • Elizabeth Porter - UW Associate Dean for Academic Administration

    Researches and teaches civil litigation.