Reply #6: I don't agree

[dr.strangelove]

Not really. If a case moves to federal court, we don;t change the attorney on the file. We have the same lawyers working on federal and state cases. Federal law isn't more complicated. I have a first year associate working close to me on a federal trial now. He never "cut his teeth" in state court. Come to think of it, my first trial work was also in federal court.

To be honest, lawyer assignment is primarily based upon client preference, availability and experience. I work with ERISA quite a bit, and I therefor do more federal law. My boss is a med mal guy. He has 20 years more experience than I, but I would go to federal court before him, even though he bills at double my rate.

I don't think federal court is any more difficult. At the onset, federal notice pleading is very easy, therefore less complicated motions get filed early. Discovery tends to take lots of time, but depositions and such are usually done by cheaper younger lawyers. Actual trial work gets done by the same litigators, whether it be federal or state.

I really don't think federal litigation would cost someone more than state. this is especially true in medical malpractice claims. State med mal claims are VERY expensive. Expert witness fees alone are sometimes $10,000 - $20,000 per expert.