Litigation groups are a critical tool for the plaintiff's trial bar. They level the playing field for advocates of injured victims who must battle the overwhelming resources of corporate counsel. For many years now, litigation groups have been a major feature of AAJ and a focus of increasing participation on the part of many members. Their activities now comprise more than a third of AAJ's annual convention activities. Groups number nearly 70, and new groups are being organized constantly. Despite all the activity and growth, litigation groups can help many more Association members who are currently not taking advantage of their services.
Litigation Groups are voluntary networks of AAJ members who share their accumulated information and experience regarding a specific type of case. Often, a litigation group will focus on a particular product, such as: breast implants, nail guns, cardiac devices, penile implants, or tobacco products. Other litigation groups are broader in scope, focusing on a category of claims, such as: construction site accidents, inadequate security, domestic violence, workplace injury, bad faith insurance, or nursing homes.
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The goal of a litigation group is to share information between AAJ members. For most of our members, small office practitioners who lack the resources of a large defense firm, the cost and time necessary to take a complex case to trial can be overwhelming. Membership in a litigation group allows a member to capitalize on the time invested and experience gained by his or her fellow members in preparing similar cases. Often, members share documents, names of expert witnesses, or scientific evidence gathered in preparing prior cases. This sort of information is a unique member benefit since much of it cannot be obtained through normal legal research and may be privileged against discovery requests as attorney work product. In many cases, other litigation group members have litigated against the very same defendant or are recognized as leaders is a particular field of litigation. By consulting one of these members, a new litigation group member can better anticipate defenses and tactics they are likely to encounter.
These benefits allow a litigation group member to accept cases that might otherwise be too complex or costly, cut down on the time and expense of preparing a case for trial, anticipate likely defenses and tactics, and structure their discovery and legal arguments toward a favorable verdict or settlement.
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What don't litigation groups do?
Litigation groups are not referral networks. As provided in the AAJ Litigation Group Policies and Procedures, and adopted by the AAJ Board of Governors, any litigation group member or leader who uses a litigation group solely as a means to attract clients can be removed from the litigation group and possibly from AAJ as well. In addition to the services provided by the Exchange, many state and local bar associations, as well as public interest organizations, offer referrals to legal professionals in a given geographic area or legal specialty.
Litigation groups do not recommend lawyers to members of the general public. As the prior paragraph implies, litigation groups are for the benefit of AAJ members.
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How do litigation groups operate?
Though most litigation groups hold regular meetings at AAJ conventions, the vast majority of the litigation group's work is done informally. The most common means of sharing information is by consulting fellow group members over the telephone. Litigation groups also hold occasional meetings outside of AAJ conventions to discuss strategy and recent developments in the litigation that is the subject matter of the group. In some instances, litigation groups work through the NCA to hold educational programs at AAJ conventions and elsewhere.
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Though AAJ maintains a small litigation groups staff to provide general administrative support, most of the real work gets done by the litigation group members themselves. Litigation group chairs assume responsibility for collecting litigation group dues, collecting and organizing documents, and generally responding to inquiries from new and existing litigation group members. In some cases, the litigation group chair will appoint one of the group members to serve as the treasurer or newsletter editor of the group. In a few rare cases, the litigation group will maintain its own separate office complete with a full-time staff.
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Who can join a litigation group?
Since litigation group members share sensitive information that is the product of prior and ongoing litigation, membership in any litigation group is strictly reserved to AAJ Regular, Life, Sustaining, and Presidents Club members only. Associate members, paralegal members, student members, and other members who perform defense work in the subject area of the litigation group are not eligible to join.
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To see a detailed description of a litigation group, click here. For more information on AAJ litigation groups, please contact AAJ at 1-800-424-2725.
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