Case management has led to an approximate 20 hour increase in lawyer work hours overall.
Thus, the Rand Report found that case management, by generating more work for lawyers, tended to increase rather that reduce costs. If the fixed cost did not reflect the extra cost, this would unjust to the lawyers and their clients.
There are long standing concerns with the small claims procedure, which have not been tackled by the 1999 reforms. Small claims are not necessary simple claims; they involve complex and unusual points of law. Is the small claimant entitled to be judged by the law of the land or by speedier, more rough and ready concepts of fairness?
…