It’ s certainly not evolving,” Papantonio said.“ So few law schools put any emphasis on preparing lawyers to actually become trial lawyers. They’ re focused on producing great brief writers and appellate advocates. Very few are focused on producing lawyers who can walk into a courtroom, stand in front of a jury, and try a case.”
WHERE THE PIPELINE BEGINS
Papantonio believes the decline begins long before young lawyers enter practice. In his view, many law schools increasingly emphasize placement with large corporate defense firms, rewarding academic credentials and appellate writing while giving comparatively little attention to courtroom advocacy. The result, he argues, is a generation of graduates who may be exceptionally well prepared for research and motion practice but receive little exposure to the practical skills required to persuade a jury.
He is careful to distinguish legal knowledge from trial ability.
“ The people who excel academically are often brilliant,” he said.“ But trial work is different. It requires communication. It requires judgment. It requires connecting with people. Those are skills that have to be developed intentionally.”
THE RISE OF TRANSACTIONAL LITIGATION
Papantonio sees another shift taking place inside the profession itself. As case inventories have grown and settlements have become increasingly common, some practices have evolved into highly efficient settlement operations. While there is nothing inherently wrong with resolving cases outside the courtroom, he