ABA Section of Litigation

ABA Section of Litigation The ABA Section of Litigation is a specialty group within the American Bar Association focused on trial advocacy, civil procedure, and dispute resolution. It brings together litigators, judges, academics, and practitioners to develop practice guidance, produce continuing legal education, and influence litigation-related policy. The Section interfaces with courts, bar associations, law schools, and advocacy organizations to advance standards for civil and criminal practice.

History

The Section emerged amid postwar reforms influenced by institutions and events such as the American Bar Association, the rise of federal litigation exemplified by the United States District Court for the Southern District of New York, and procedural transformations following the Federal Rules of Civil Procedure. Early leaders included figures associated with firms and institutions like Covington & Burling, Cravath, Swaine & Moore, Sidley Austin, Hughes Hubbard & Reed, and law schools such as Yale Law School, Harvard Law School, and Columbia Law School. Milestones include contributions to debates around landmark cases and doctrines shaped by the United States Supreme Court, including influences from decisions related to Erie Railroad Co. v. Tompkins and Bell Atlantic Corp. v. Twombly. The Section’s work paralleled efforts by organizations such as the Federal Judicial Center, National Association of Attorneys General, and the United States Court of Appeals for the Second Circuit.

Organization and Governance

Governance structures mirror those of major professional bodies like the American Bar Association and draw on governance models used by the Federal Trade Commission and the Administrative Office of the United States Courts. Leadership positions have been held by partners and general counsel from firms including Jones Day, Latham & Watkins, Skadden, Arps, Slate, Meagher & Flom, and by judges from the United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the D.C. Circuit, and state supreme courts such as the New York Court of Appeals and the California Supreme Court. Standing committees and task forces coordinate with entities such as the Civil Rules Advisory Committee and state bars like the New York State Bar Association and California Lawyers Association. The Section’s executive committee, council, and chair rotate annually, reflecting participation from institutions like Georgetown University Law Center, Stanford Law School, and University of Chicago Law School.

Membership and Programs

Membership attracts litigators from national firms including Gibson, Dunn & Crutcher, Paul, Weiss, Rifkind, Wharton & Garrison, and boutique practices, as well as in-house counsel from corporations like General Electric, IBM, ExxonMobil, and Microsoft. Programs include trial advocacy competitions parallel to those run by National Institute for Trial Advocacy, moot courts similar to events at University of Virginia School of Law and Northwestern University Pritzker School of Law, and specialty conferences aligned with subject-matter organizations such as the American Academy of Appellate Lawyers and the National Association of Criminal Defense Lawyers. The Section sponsors awards comparable to the Thurgood Marshall Award and works with organizations like the Federal Bar Association and the Association of Corporate Counsel on mentorship, pro bono initiatives, and diversity efforts with partners such as the National Bar Association and the Hispanic National Bar Association.

Education, Publications, and CLE

The Section produces practice resources and continuing legal education (CLE) programs akin to offerings from Practising Law Institute and ALM Media. Its publications include treatises and newsletters that sit alongside works published by Wolters Kluwer and American Lawyer Media, and it contributes to model rules and manuals referenced by the Federal Rules of Evidence committees and the Restatement (Second) of Torts. Major CLE events have featured speakers from institutions such as the United States Supreme Court, faculties from NYU School of Law and University of Pennsylvania Law School, and commentators from media outlets like The New York Times and The Wall Street Journal. Specialty publications address appellate practice, evidence, expert testimony, and class actions, interacting with jurisprudence from cases such as Daubert v. Merrell Dow Pharmaceuticals, Inc. and rules adopted following the Judicial Conference of the United States recommendations.

Advocacy and Policy Initiatives

The Section engages in amicus advocacy and policy work coordinated with groups like the National Association of Attorneys General, Institute for Constitutional Advocacy and Protection, and state judiciary committees. It files amicus briefs in matters before the United States Supreme Court, the United States Courts of Appeals, and state high courts on issues overlapping with statutes such as the Civil Rights Act of 1964 and doctrines tied to decisions like Ashcroft v. Iqbal. The Section consults on rulemaking with the Advisory Committee on Civil Rules and participates in dialogues involving the Department of Justice, the Federal Trade Commission, and legislative bodies including the United States Congress. Policy initiatives have addressed access to courts, class action procedure, electronic discovery influenced by the Electronic Discovery Reference Model, and standards for expert evidence, working alongside nonprofit partners such as the Brennan Center for Justice and the American Constitution Society.

Category:American Bar Association